AN ACT relating to nursing; prohibiting the state board
of nursing or an employer of a nurse from requiring the inclusion of the
surname of the nurse on the badge or other form of identification worn by the
nurse while on duty; requiring the employers of licensees and nursing assistants
to prepare and maintain records of the work assignments of those licensees and
nursing assistants for a certain period; revising the provisions governing the
filing of complaints with the state board of nursing; and providing other
matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 632 of NRS is hereby amended
by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2.The board, or a medical facility or any other person who
employs a licensee, shall not require a licensee while on duty, to wear a badge
or other form of identification that includes the surname of the licensee.

Sec. 3.Each
employer of a licensee or nursing assistant shall prepare and maintain, for at
least 5 years, a record of the work assignments of each licensee or nursing assistant.

Sec. 4.NRS 632.125 is hereby amended to
read as follows:

632.125 1. Each hospital or agency in the state
employing professional or practical nurses or nursing assistants shall submit alist of such nursing
personnel to the board at least three times annually as directed by the board. Each list submitted to the board
pursuant to this subsection is confidential.

2. A medical facility shall, before hiring a nursing
assistant or nursing assistant trainee, obtain validation from the board that the
prospective employee has a current certificate, is enrolled in a training
program required for certification or is awaiting the results of a
certification examination.

Sec. 5. NRS 632.310 is hereby amended to read
as follows:

632.310 1. The board may, upon its own motion, and
shall, upon the verified complaint in writing of any person, if the complaint
alone or together with evidence, documentary or otherwise, presented in
connection therewith, is sufficient to require an investigation, investigate the
actions of any licensee or holder of a certificate or any person who assumes to
act as a licensee or holder of a certificate within the State of Nevada.

2. The executive director may, upon receipt of
information from a governmental agency, conduct an investigation to determine
whether the information is sufficient to require an investigation for referral
to the board for its consideration.

3. If a
written verified complaint filed with the board does not include the complete
name of the licensee or nursing assistant against whom the complaint is filed,
and the board is unable to identify the licensee or nursing assistant, the
board shall request that the employer of the licensee or nursing assistant
provide to the board the complete name of the licensee or nursing assistant.
The employer shall provide the name to the board within 3 business days after
the request is made.

4. The
employer of a licensee or nursing assistant shall provide to the board, upon
its request, the record of the work assignments of any licensee or nursing
assistant whose actions are under investigation by the board.

Sec. 6. This act becomes effective on July 1,
2001.

________

CHAPTER 114, SB 517

Senate Bill No.
517Committee on Finance

CHAPTER 114

AN ACT making an appropriation to restore and increase
the balance in the reserve for statutory contingency account; and providing
other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the state
general fund to the reserve for statutory contingency account, created by NRS
353.264, the sum of $3,000,000 to restore and increase the balance in the
account to approximately $3,000,000.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 115, SB 555

Senate Bill No.
555Committee on Government Affairs

CHAPTER 115

AN ACT relating to cities; changing the classification
thereof; altering the powers and size of certain city councils; changing the
method by which a mayor pro tem is appointed; changing certain references to
city councils; modifying the rules regarding city council meetings; revising
the terms and compensation of appointed city council members; and providing
other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 266.033 is hereby amended to read as
follows:

266.033 1. The board of county commissioners shall
canvass the votes in the same manner as votes are canvassed in a general
election. Upon the completion of the canvass, the board shall immediately
notify the county clerk of the result.

2. The county clerk shall immediately, upon receiving notice
of the canvass from the board of county commissioners, cause to be published a
notice of the results of the election in a newspaper of general circulation in
the county. If the incorporation is approved by the voters, the notice must
include the [class]population category of the incorporated city , [according to population,]
as described in NRS 266.055. The county clerk shall file a copy of the notice
with the secretary of state.

266.039 1. The mayor of the city shall file three
copies of the articles of incorporation of the city with the secretary of
state.

2. The articles of incorporation must be signed and
verified by the mayor and include the name of the city, a description of its
location and [the designation of its class according to population,]its population category, as
described in NRS 266.055.

3. The secretary of state shall certify the articles of
incorporation upon receipt and send one copy to the county clerk of the county
in which the city is located and one copy to the mayor of the city. The
secretary of state shall retain a copy for his records and furnish a certified
copy to any person who requests a copy upon payment of a reasonable fee as
determined by the secretary of state.

Sec. 3. NRS 266.055 is hereby amended to read as
follows:

266.055 Municipal corporations organized [under]pursuant to the
provisions of this chapter [shall be, and the same are,]must be divided into three
[classes:] population categories:

1. Those cities having [20,000]50,000 or more
inhabitants shall be known as cities of [the first class.] population category one.

2. Those cities having [more than 5,000 and less
than 20,000]5,000
or more, but fewer than 50,000 inhabitants shall be known as
cities of [the second class.] population category two.

3. All other cities shall be known as cities of [the
third class.]
population category three.

Sec. 4. NRS 266.060 is hereby amended to read as
follows:

266.060 1. Whenever any city of [the second class]population category two attains
the population of [20,000]50,000 or more, or any city of [the
third class]population
category three attains the population of 5,000 or more, and that
fact is ascertained:

(a) By actual census taken and certified to the governor
by the mayor; or

(b) At the option of the city council, by the governor,
pursuant to NRS 360.285, for 2 consecutive years,

the governor shall declare, by public proclamation, that city
to be of [the first or second class,]population category one or two, as
the case may be, and the city thus changed is governed by the provisions of
this chapter[,]
applicable to cities of the higher [class.] population category.

2. An authenticated copy of the governors proclamation
must be filed in the office of the secretary of state.

Sec. 5. NRS 266.066 is hereby amended to read as
follows:

266.066 1. All courts of this state shall take judicial
notice in all civil or criminal actions of:

(a) The change in [class]population category and
organization of any city.

(b) All ordinances, rules, resolutions or other
regulations of the city council.

2. In all such actions, it [shall not be]is not necessary to
plead the contents of any order, ordinance, rule, resolution or other
regulation, but may be proved prima facie by the introduction of the original
entry or a copy thereof certified by the clerk.

Sec. 6. NRS 266.070 is hereby amended to read as
follows:

266.070 1. All rights and property of every kind [and
description] which were vested in any municipal
corporation under its former organization shall be deemed
[and held] to be vested in the same municipal corporation upon its becoming
incorporated or changing [class under] population category pursuant to the
provisions of this chapter.

organization shall be deemed [and held]
to be vested in the same municipal corporation upon its becoming incorporated
or changing [class under]population category pursuant to the provisions
of this chapter. No rights or liabilities, either in favor of or against such
corporation, existing at the time of becoming incorporated or changing [class
under]population
category pursuant to this chapter, and no action or prosecution
shall be affected by [such change;]the change, but the [same shall]rights and liabilities, and any
action or prosecution, must stand and progress as if no change
had been made.

2. Whenever a different remedy is given by this chapter,
which may properly be made applicable to any right existing at the time of such
city [so] becoming incorporated or changing [class
under]population
category pursuant to this chapter, the [same]remedy shall be
deemed cumulative to the remedy before provided, and used accordingly.

Sec. 7. NRS 266.075 is hereby amended to read as
follows:

266.075 1. All ordinances and resolutions in force in
any city when [it shall become]the city becomes organized or [change
its class under]changes its population category pursuant to the
provisions of this chapter [shall, providing they]must, if the ordinances and resolutions do
not conflict with the provisions of this chapter, [continue in full force
and]remain
in effect until repealed or amended, notwithstanding such
organization or change of [class.] population category.

2. Such organization or [the making of such]
change of [class]population category shall not be construed to [effect
any change in]alter the legal identity of [such]the city.

Sec. 8. NRS 266.080 is hereby amended to read as
follows:

266.080 1. When any city now existing under a special
charter is organized under the provisions of this chapter, or by proclamation
of the governor [becomes a city of the second class, or when any city of the
second class becomes a city of the first class,]changes population category, the
officers then in office continue to be officers of the city:

(a) If the change in [classification]category results in
a change in the number of municipal wards in the city, until the next city
election; or

(b) In all other cases, until the expiration of their
elected terms,

and until their successors are elected and qualified.

2. When new territory is organized as a city, by
petition and election of officers, the officers first elected serve until the
next city election, and until their successors are elected and qualified.

266.095 1. [Each incorporated city of
the first class must be divided into eight municipal wards. If an incorporated
city of the second or third class is divided into municipal wards, the city
must be divided into three or five municipal wards as provided by ordinance.] In a city incorporated pursuant to this
chapter, the city may be divided into wards by ordinance as follows:

(a)A city of population category one,
into four or six wards.

(b) A city
of population category two or three, into three or five wards.

2. The division of cities into wards must, during the
incorporation thereof, be made by the board of county commissioners. The wards
must as nearly as practicable be of equal population and in compact form.

3.
Once established, the boundaries of wards must be changed by ordinance of the
city council whenever, as determined at the close of registration before each
general election, the number of registered voters in any ward exceeds the
number of registered voters in any other ward by more than 5 percent.

Sec. 11. NRS 266.105 is hereby amended to read as
follows:

266.105 1. The city council [shall have the power to]may make and pass
all ordinances, resolutions and orders, not repugnant to the Constitutions of
the United States or of the State of Nevada or to the provisions of this
chapter, necessary for the municipal government and the management of the city
affairs, for the execution of all powers vested in the city, and for making
effective the provisions of this chapter.

2. The city council [shall have power to
enforce obedience to such ordinances with such]may provide for fines or
penalties [as the city council may deem proper, but the punishment of
any offense shall be as provided by law for a misdemeanor.] to enforce such ordinances, not to
exceed those provided for by law for misdemeanors.

Sec. 12. NRS 266.185 is hereby amended to read as
follows:

266.185 1. During the [temporary]
absence or disability of the mayor[, the city council in cities of the second or third class
shall elect one of its number to act as mayor pro tem. In cities of the first
class the councilman at large shall act as mayor pro tem.] :

(a) In a
city of population category one that is divided into wards, the councilman at
large shall act as mayor pro tem.

(b) In all
other cities incorporated pursuant to this chapter, the city council shall, by
ordinance or resolution, provide for the appointment of one of its members as
mayor pro tem.

2. During the [temporary]
absence or disability of the mayor, the mayor pro tem shall [possess]:

(a) Possess the
powers and duties of mayor[.] ; and

(b) Except
in a city of population category one, hold the office of mayor pro tem at the
pleasure of the city council.

Sec. 13. NRS 266.190 is hereby amended to read as
follows:

266.190 1. The mayor [must]shall exercise a
careful supervision over the general affairs of the city.

(b) See that all the general laws and ordinances of the
city are observed and enforced.

(c) Take all proper measures for the preservation of
public peace and order, and the suppression of riots, tumults and all forms of
public disturbances, for which purpose he may, if his city is not participating
in a metropolitan police department, appoint extra policemen temporarily and
use and command the police force. If his city is participating in a
metropolitan police department, he may request law enforcement assistance from
the sheriff. In either case, if local law enforcement forces are inadequate, he
shall call upon the governor for military aid in the manner provided by law.

(d) Sign all licenses and warrants and claims against the
city.

(e) See that all contracts are fully kept and faithfully
performed, and, to that end and in any such case where necessary or proper to
protect the interests of the city, shall cause legal proceedings to be
instituted or defended at the expense of the city.

(f) Perform such other duties as the city council shall prescribe by ordinance.

Sec. 14. NRS 266.200 is hereby amended to read as
follows:

266.200 1. The mayor [shall:

(a) Preside]:

(a) Shall
preside over the city council when in session, and shall preserve
order and decorum among the members and enforce the rules of the city council and determine
the order of business, subject to those rules and appeal to the city council[.

(b) Not be], or as provided by ordinance.

(b) Is not entitled
to a vote except in case of a tie, when [he shall have]the mayor has a
casting vote, except as otherwise [expressly]
provided in this chapter.

2. The mayor may exercise the right of veto upon all
matters passed by the city council . [, and it shall require a
seven-ninths vote of the whole council in cities of the first class,]To pass any matter receiving the
mayors veto requires a five-sevenths vote of a city council composed of seven
members, a four-fifths vote of [the whole council in
cities with] a city council composed of five members, and [the]a unanimous vote of [the
whole council in cities with] a city council composed of three members . [, to pass any matter
receiving the mayors veto.]

3. No resolution or contract requiring the payment of
money nor any ordinance may go into force or have any effect until approved in
writing by the mayor, unless passed over the mayors veto. If the mayor does
not approve the resolution, contract or ordinance so submitted, he shall,
within 5 days after the receipt thereof, return it to the city clerk with his
reasons in writing for not approving it. If the mayor does not so return it,
the resolution or contract thereupon goes into effect and the ordinance becomes
a law, in like manner and with the same effect as if it had been approved by
the mayor.

Sec. 15. NRS 266.220 is hereby amended to read as
follows:

266.220 1. [Except as otherwise
provided in subsection 3, councilmen must be chosen by the qualified electors
of their respective wards.

2. In cities
of the first class, the city council must be composed of nine councilmen, one
from each ward and one elected by the electors of the city at large.

3. If pursuant
to an ordinance, a city of the second or third class] If a city of population category one
is:

(a) Divided
into wards, the city council must be composed of five or seven councilmen with
one councilman from each ward who is elected only by the electors who reside in
that ward and one councilman who is elected by the city at large.

(b) Not
divided into wards, five or seven councilmen must be elected by the voters of
the city at large.

2. If a
city of population category two or three is:

(a) Divided into wards, the city council must be composed
of three or five councilmen with one councilman from each ward who is elected
only by the electors who reside in that ward.

(b) Not divided into wards, the three or five councilmen [of the city]
must be elected by the voters of the city at large.

Sec. 16. NRS 266.235 is hereby amended to read as
follows:

266.235 A majority of all members of the city council [shall
constitute]constitutes
a quorum to do business, but [a less number]fewer members may
meet and adjourn from time to time and may compel the attendance of absentees
under such penalties as may be prescribed by ordinance.

Sec. 17. NRS 266.240 is hereby amended to read as
follows:

266.240 The city
council shall determine its own rules of procedure, may punish
its members for disorderly conduct, and, with the concurrence of two-thirds of
the members of the city council,
may expel a member for cause.

Sec. 18. NRS 266.245 is hereby amended to read as
follows:

266.245 1. The city council shall prescribe by
ordinance the time and place of holding its meetings, but at least one meeting [shall]must be held each
month.

2. [Special meetings may also be held on a call of the mayor or a
majority of the council, by giving 6 hours written notice of such special
meetings to each member of the council, served personally or left at his usual
place of abode.

3. No
ordinance shall be passed nor any claim allowed at a special meeting, and no
business shall be transacted at any special meeting except such as shall be
stated in the call therefor.

4. No vote
of the city council shall be reconsidered at a special meeting unless there be
present at such special meeting as large a number of councilmen as were present
when the vote was taken.] All meetings of a city council must be conducted in
accordance with the provisions of chapter 241 of NRS.

Sec. 19. NRS 266.250 is hereby amended to read as
follows:

266.250 1. The [councils]
deliberations, sessions and proceedings of the city council must be public.

2. The city
council shall keep [a journal]written minutes of its own
proceedings[.]as required pursuant to NRS
241.035. The yeas and nays [shall]must be taken upon
the passage of all ordinances, and all propositions to create any liability
against the city, or to grant, deny, increase, decrease, abolish, or revoke
licenses, and in all other cases at the request of any member of the city council or of
the mayor, which yeas and nays [shall]must be entered [upon the journal]in the minutes of
its proceedings.

3. The concurrence of a majority of the members elected
to the city council [shall be]is necessary to pass any such ordinance or
proposition.

266.255 [On]At the request of any two members of the city council in cities
with councils composed of five or [nine]seven members, or [by]at the request of one
member in cities with councils composed of three members, final action on any
report of a committee of the city council
must be deferred to the next regular meeting of the city council after the report is made.

Sec. 21. NRS 266.265 is hereby amended to read as
follows:

266.265 1. The city council may:

(a) Control the property of the [corporation.] city.

(b) Erect and maintain all [needful]
buildings , structures and other
improvements for the use of the city.

(c) Purchase, receive, hold, sell, lease, convey and
dispose of property, real and personal, for the benefit of the city, both
within and without the city boundaries , [;]
improve and protect such property, and do all other things in relation thereto
which natural persons might do.

2. [The]Except as otherwise provided by law, the city
council may not[,
except as specifically provided by another law,] mortgage,
hypothecate or pledge any property of the city for any purpose.

Sec. 22. NRS 266.390 is hereby amended to read as
follows:

266.390 The city council may:

1. Create any office that may be deemed necessary for [the
good government of] the city.

2. Provide for filling all vacancies in elective and
appointive offices.

3. Regulate and prescribe the powers, duties and
compensation of all officers of the city, except as otherwise provided by law.

4. Require all officers or employees of the city
responsible for the handling of city [funds]money to give bond
and security , to be paid by the
city from its money, for the faithful performance of their
duties.

5. Require from every officer of the city at any time a
report in detail of all transactions in his office, or any matters connected
therewith.

Sec. 23. NRS 266.395 is hereby amended to read as
follows:

266.395 The mayor, [by and]
with the advice and consent of the city
council, [may]shall appoint all such officers as may be
provided for by law or ordinance.

Sec. 24. NRS 266.405 is hereby amended to read as
follows:

266.405 1. In addition to the mayor and city council,
there must be in each city of [the first or second class]population category one or two a
city clerk, a city treasurer, or if those offices are combined pursuant to
subsection 4, a city clerk and treasurer, a municipal judge and a city
attorney. The offices of city clerk, city treasurer, municipal judge and city
attorney may be either elective or appointive offices, as provided by city
ordinance. All [elective]elected officers shall hold their respective
offices for 4 years and until their successors are elected and qualified,
except that cities of [the third class]population category three may by ordinance
provide that the mayor and city councilmen must be elected and hold office for
2 years.

2. In each city of [the first or second class]population category one or two, in
which the officers are appointed pursuant to ordinance, the mayor, [by
and] with the advice and consent of the city council,
shall appoint all of the officers. [The officers shall hold
their respective offices at the pleasure of the mayor and city council.]

3. In cities of [the third class,]population category three, the
mayor, [by and] with the advice and consent of
the city council, may appoint any [or all such] officers as may be deemed expedient .

such]
officers as may be deemed expedient
. [, and those appointive officers shall hold their respective
offices during the pleasure of the mayor and city council.]

4. The [governing body of a city]city council may provide
by ordinance for the office of city clerk and the office of city treasurer to
be combined into the office of city clerk and treasurer.

Sec. 25. NRS 266.410 is hereby amended to read as
follows:

266.410 Except as otherwise provided in subsection 4 of
NRS 266.405 for the clerk and treasurer, in cities of [the first and second
class,]population
categories one and two, a mayor, councilman, clerk, auditor,
attorney or treasurer shall not hold any other office under the city government
during his term of office.

Sec. 26. NRS 266.415 is hereby amended to read as
follows:

266.415 Except as otherwise provided by specific law [,
the term of office of all appointive officers continues until the city election
next following their appointment and until their successors are appointed and
qualified, unless sooner removed by the mayor, with the concurrence of a
majority of the members of the city council, except that any such person so
appointed may be removed by the votes of all the members of the city council,
if the council so provides by resolution.] or ordinance, all appointed officers
serve at the pleasure of the mayor and city council and may be removed by a
majority vote of the city council. The mayor may exercise the right of veto as
provided in NRS 266.200.

Sec. 27. NRS 266.450 is hereby amended to read as
follows:

266.450 All elected
officers of any city [shall]are entitled to receive
such compensation as may be fixed by ordinance, but the compensation of any [such
officers shall]elected officers must not be increased or
diminished to take effect during the [time]term for which the
officer was elected . [or
appointed.]
All appointed officers are entitled to receive such compensation as may be fixed
by ordinance.

Sec. 28. NRS 266.470 is hereby amended to read as
follows:

266.470 The city attorney shall be the legal adviser of
the city council and
all officers of the city in all matters respecting the affairs of the city and
shall perform such duties as may be required of him by the city council or prescribed by ordinance.

Sec. 29. NRS 266.475 is hereby amended to read as
follows:

266.475 The city
council may, in the exercise of its sound discretion, employ
counsel to aid the city attorney whenever in its judgment the public interests [shall]
require such employment, and the expense thereof [shall]must be allowed and
paid in the same manner as other claims against the city.

Sec. 30. NRS 266.530 is hereby amended to read as
follows:

266.530 1. [There shall be a chief of
police in each]Each city which is not participating in a
metropolitan police department[.
He shall be appointed by the mayor,]must have a chief of police. The mayor shall appoint the
chief of police, subject to confirmation by the city council.

2. The chief of police shall perform such duties as may
be designated by ordinance.

Sec. 31. NRS 266.585 is hereby amended to read as
follows:

266.585 The municipal judge shall render monthly, or [oftener]as often as the city council may require,
an exact and detailed statement in writing, under oath, of the business done
and of all fines collected, as well as fines imposed but
uncollected, since his last report, and shall at the same time render and pay
into the city treasury all fines collected and money received on behalf of the
city since his last report.

imposed but uncollected, since his last report, and shall at
the same time render and pay into the city treasury all fines collected and
money received on behalf of the city since his last report.

Sec. 32. NRS 266.605 is hereby amended to read as
follows:

266.605 1. The city council shall annually, at the time
prescribed by law for levying taxes for state and county purposes, levy a tax
not exceeding 3 percent upon the assessed value of all real estate and personal
property within the city made taxable by law , [;]
and the tax so levied [shall]must be collected at the same time and in the
same manner and by the same officers, exercising the same functions, as
prescribed and provided in the revenue laws of [the]this state for
collection of state and county taxes. The revenue laws of [the]this state shall, in
every respect not inconsistent with the provisions of this chapter, be deemed
applicable [and so held] to the levying, assessing
and collecting of the city taxes. In the matter of the equalization of
assessments, the rights of the city and the rights of the inhabitants [thereof shall]of the city must be
protected in the same manner and to the same extent by the action of the county
board of equalization as are the state and county.

2. Whenever or wherever practicable and expedient, all
forms and blanks used in levying, assessing and collecting the state and county
revenues [shall,]must, with such alterations or additions as
may be necessary, be used in levying, assessing and collecting the revenue of
the city.

3. The city
council shall enact all such ordinances as it may deem necessary
and not inconsistent with this chapter and the laws of [the]this state, for the
prompt, convenient and economical collecting of the city revenue.

Sec. 33. NRS 266.615 is hereby amended to read as
follows:

266.615 The city
council [shall have]has full power to pass and enact all
ordinances necessary or required to carry into effect the revenue laws in the
city and to enlarge, fix and determine the powers and duties of all officers in
relation thereto.

Sec. 34. NRS 47.140 is hereby amended to read as
follows:

47.140 The laws subject to judicial notice are:

1. The Constitution and statutes of the United States,
and the contents of the Federal Register.

2. The constitution of this state and Nevada Revised
Statutes.

3. Any other statute of this state if brought to the
attention of the court by its title and the day of its passage.

4. A county, city or town code which has been filed as
required by NRS 244.118, 268.014, 269.168 or the city charter and any city
ordinance which has been filed or recorded as required by the applicable law.

5. The Nevada Administrative Code.

6. A regulation not included in the Nevada
Administrative Code if adopted in accordance with law and brought to the
attention of the court.

7. The [class]population category and organization of a city
incorporated [under]pursuant to general law.

8. The constitution, statutes or other written law of any
other state or territory of the United States, or of any foreign jurisdiction,
as contained in a book or pamphlet published by its authority or proved to be
commonly recognized in its courts.

293.208 1. Except as otherwise provided in subsections
2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided,
abolished or consolidated, or the boundaries thereof changed, during the period
between the third Wednesday in May of any year whose last digit is 6 and the
time when the legislature has been redistricted in a year whose last digit is
1, unless the creation, division, abolishment or consolidation of the precinct,
or the change in boundaries thereof, is:

(a) Ordered by a court of competent jurisdiction;

(b) Required to meet objections to a precinct by the
Attorney General of the United States pursuant to the Voting Rights Act of 1965 ,[(]42 U.S.C. §§ 1971 and
1973 et seq. , [)]
and any amendments thereto;

(c) Required to comply with subsection 2 of NRS 293.205;

(d) Required by the incorporation of a new city; or

(e) Required by the creation of or change in the
boundaries of a special district.

As used in this subsection, special district means any general
improvement district or any other quasi-municipal corporation organized under
the local improvement and service district laws of this state as enumerated in
Title 25 of NRS which is required by law to hold elections or any fire
protection district which is required by law to hold elections.

2. If a city annexes an unincorporated area located in
the same county as the city and adjacent to the corporate boundary, the annexed
area may be included in an election precinct immediately adjacent to it.

3. A new election precinct may be established at any
time if it lies entirely within the boundaries of any existing precinct.

4. If a change in the boundaries of an election precinct
is made pursuant to this section during the time specified in subsection 1, the
county clerk must:

(a) Within 15 days after the change to the boundary of a
precinct is established by the county clerk or ordered by a court, send to the
director of the legislative counsel bureau and the secretary of state a copy of
a map showing the new boundaries of the precinct together with a word
description of the new boundaries; and

(b) Maintain in his office[,]
an index providing the name of the precinct and describing all changes which
were made, including any change in the name of the precinct and the name of any
new precinct created within the boundaries of an existing precinct.

5. Cities of [the second and third class]population categories two and three are
exempt from the provisions of subsection 1.

Sec. 39. NRS 293C.140 is hereby amended to read as
follows:

293C.140 1. A general city election must be held in
each city of [the first and second classes]population categories one and two on
the first Tuesday after the first Monday in June of the first odd-numbered year
after incorporation, and on the same day every 2 years thereafter as determined
by law, ordinance or resolution, at which time there must be elected the
elective city officers, the offices of which are required next to be filled by
election. All candidates, except as otherwise provided in NRS 266.220, at the
general city election must be voted upon by the electors of the city at large.

2. The terms of office of city councilmen are 4 years,
which terms must be staggered. The councilmen elected to office immediately
after incorporation shall decide, by lot, among themselves which of their
offices expire at the next general city election, and thereafter the terms of
office must be 4 years.

Sec. 40. NRS 293C.145 is hereby amended to read as
follows:

293C.145 1. A general city election must be held in
each city of [the third class]population category three on the first Tuesday
after the first Monday in June of the first odd-numbered year after
incorporation, and on the same day every 2 years thereafter, as determined by
ordinance.

2. There must be one mayor and three or five councilmen,
as the city council shall provide, by ordinance, for each city of [the
third class.]population
category three. The terms of office of the mayor and the
councilmen are 4 years, which terms must be staggered. The mayor and councilmen
elected to office immediately after incorporation shall decide, by lot, among
themselves which two of their offices expire at the next general city election,
and thereafter the terms of office must be 4 years. If a city council
thereafter increases the number of councilmen, it shall, by lot, stagger the
initial terms of the additional members.

3. A candidate for any office to be voted for at the
general city election must file a declaration of candidacy with the city clerk
not less than 60 days nor more than 70 days before the day of the general city
election. The city clerk shall charge and collect from the candidate and the
candidate must pay to the city clerk, at the time of filing the declaration of
candidacy, a filing fee in an amount fixed by the city council by ordinance or
resolution.

4. Candidates for mayor must be voted upon by the
electors of the city at large. Candidates for councilmen must be voted upon by
the electors of their respective wards to represent the wards in which they
reside or by the electors of the city at large in accordance with the
provisions of chapter 266 of NRS.

Sec. 41. NRS 293C.175 is hereby amended to read as
follows:

293C.175 1. A primary city election must be held in
each city of [the first class,] population category one, and in each city of [the
second class]population
category two that has so provided by ordinance, on the first
Tuesday after the first Monday in April of every year in which a general city
election is to be held, at which time there must be nominated candidates for
offices to be voted for at the next general city election.

2. A candidate for any office to be voted for at the
primary city election must file a declaration of candidacy with the city clerk
not less than 60 days nor more than 70 days before the date of the primary city
election. The city clerk shall charge and collect from the candidate and the
candidate must pay to the city clerk, at the time of filing the declaration of
candidacy, a filing fee in an amount fixed by the governing body of the city by
ordinance or resolution. The filing fees collected by the city clerk must be
deposited to the credit of the general fund of the city.

3. All candidates, except as otherwise provided in NRS
266.220, must be voted upon by the electors of the city at large.

4. If, in a primary city election held in a city of [the
first or second class,]population category one or two, one candidate
receives more than a majority of votes cast in that election for the office for
which he is a candidate, his name alone must be placed on the ballot for the
general city election. If, in the primary city election, no candidate receives
a majority of votes cast in that election for the office for which he is a
candidate, the names of the two candidates receiving the highest number of
votes must be placed on the ballot for the general city election.

Sec. 42. NRS 439.420 is hereby amended to read as
follows:

439.420 1. Every
city of [the first and second class shall, and every city of the third
class may,]population
categories one and two shall provide by ordinance for the establishment of a
board of health.

2. A city
of population category three may provide by ordinance for the
establishment of a board of health
.[therefor.]

Sec. 43. NRS 439.480 is hereby amended to read as
follows:

439.480 The county health officer [shall have]has supervision over
all matters pertaining to the preservation of the lives and health of the
people of his county, except incorporated cities of [the first and second
class]population
categories one and two having a health officer appointed [in
accordance with]pursuant to the provisions of this chapter,
which [shall be]are under the jurisdiction of the city health
officer, subject to the supervision and control of the health division.

AN ACT relating to public water systems; revising the
provisions governing the imposition of civil penalties and administrative fines
to enforce certain provisions governing public water systems; and providing
other matters properly relating thereto.

(b) Violates or fails to comply with an emergency order
issued pursuant to NRS 445A.930;

(c) Violates any condition imposed by the state board of
health upon granting a variance or exemption under NRS 445A.935;

(d) Violates a regulation adopted by the state board of
health pursuant to NRS 445A.860; or

(e) Fails to give a notice as required by NRS 445A.940,

[shall pay]is liable for a civil penalty , to be recovered by the attorney
general in the name of the health division, of not more than
$5,000 for each day of the violation.

2. In addition to the civil penalty prescribed in
subsection 1, the state board of health may impose an administrative fine
against a supplier of water who [willfully] commits any violation
enumerated in subsection 1. The administrative fine imposed may not be more
than $2,500 per day for each such violation.

3. The civil penalty and administrative fine prescribed
in this section may be imposed in addition to any other penalties or relief
prescribed in NRS 445A.800 to 445A.955, inclusive.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 117, AB 86

Assembly Bill No.
86Committee on Transportation

CHAPTER 117

AN ACT relating to highways; providing an exception to
the requirements relating to the retention of a portion of the contract price
or the furnishing of a bond with respect to certain contracts awarded to
railroad companies; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 408 of NRS is hereby amended
by adding thereto a new section to read as follows:

If the director
awards to a railroad company a contract for a project for the construction,
reconstruction, improvement or maintenance of a highway and the project is
located on property that is owned by or under the control of the railroad
company, the contract may provide that the railroad company is not required to
file, furnish or obtain a payment bond, performance bond or any other bond that
would otherwise be required pursuant to the provisions of this chapter.

Sec. 2. NRS 408.357 is hereby amended to read as
follows:

408.357 1. [Every] Except as otherwise provided in section
1 of this act, every contract must provide for the filing and
furnishing of one or more bonds by the successful bidder, with corporate sureties
approved by the department and authorized to do business in the state, in a sum
equal to the full or total amount of the contract awarded. The bond or bonds
must be performance bonds or labor and material bonds, or both.

(a) Guarantee the faithful performance of the contract in
accordance with the plans, specifications and terms of the contract.

(b) Be maintained for 1 year after the date of completion
of the contract.

3. The labor and material bonds must:

(a) Secure payment of state and local taxes relating to
the contract, premiums under the Nevada Industrial Insurance Act, contributions
under the Unemployment Compensation Law, and payment of claims for labor,
materials, provisions, implements, machinery, means of transportation or
supplies furnished upon or used for the performance of the contract; and

(b) Provide that if the contractor or his subcontractors,
or assigns, fail to pay for such taxes, premiums, contributions, labor and
materials required of, and used or consumed by, the contractor or his
subcontractors, the surety shall make the required payment in an amount not exceeding
the total sum specified in the bond together with interest at a rate of 8
percent per annum.

All such bonds must be otherwise conditioned as required by
law or the department.

4. No person bidding for work or submitting proposals
under the provisions of this chapter may be accepted as surety on any bond.

5. Whenever the department has cause to believe that the
sureties or any of them have become insufficient, it may demand in writing of
the contractor such further bonds or additional sureties, in a total sum not
exceeding that originally required, as are necessary, considering the extent of
the work remaining to be done. Thereafter no payment may be made upon the
contract to the contractor or any assignee of the contractor until the further
bonds or additional sureties have been furnished.

6. The department in every contract may require the
furnishing of proof by the successful bidder of public liability and insurance
coverage for damage to property.

Sec. 3. NRS 408.367 is hereby amended to read as
follows:

408.367 1. With the approval of the board, the director
may receive informal bids and award contracts for highway construction,
reconstruction, improvements, and maintenance on projects estimated to cost not
in excess of $250,000.

2. Such informal bids must be submitted in accordance
with due advertisement thereof being published for at least one publication in
any newspaper or publication.

3. The department shall mail a copy of the bid
invitation to all bidders who are on record with the department as desiring to
receive bid invitations on projects estimated to cost not in excess of
$250,000.

4. [Contracts] Except as otherwise provided in section 1 of this act, contracts
awarded pursuant to the provisions of this section must be accompanied by bonds
and conditioned and executed in the name of the State of Nevada, and must be
signed by the director under the seal of the department, and by the contracting
party or parties. The form and legality of those contracts must be approved by
the attorney general or chief counsel of the department.

Sec. 4. NRS 408.383 is hereby amended to read as
follows:

408.383 1. Except as otherwise provided in subsections
2 [and 11,], 11 and 12, the director may pay at the end
of each calendar month, or as soon thereafter as practicable, to any contractor
satisfactorily performing any highway improvement or construction as the work
progresses in full for the work as completed but not more
than 95 percent of the entire contract price.

work as completed but not more than 95 percent of the entire
contract price. The progress estimates must be based upon materials in place,
or on the job site, or at a location approved by the director, and invoiced,
and labor expended thereon. The remaining 5 percent, but not more than $50,000,
must be retained until the entire contract is completed satisfactorily and
accepted by the director.

2. If the work in progress is being performed on a satisfactory
basis, the director may reduce the percentage retained if he finds that
sufficient reasons exist for additional payment and has obtained written
approval from every surety furnishing bonds for the work. Any remaining money
must be retained until the entire contract is completed satisfactorily and
accepted by the director.

3. If it becomes necessary for the department to take
over the completion of any highway contract or contracts, all of the amounts
owing the contractor, including the withheld percentage, must first be applied
toward the cost of completion of the contract or contracts. Any balance
remaining in the retained percentage after completion by the department is
payable to the contractor or the contractors creditors.

4. Such retained percentage as may be due any contractor
is due and payable at the expiration of the 30-day period as provided in NRS
408.363 for filing of creditors claims, and this retained percentage is due
and payable to the contractor at that time without regard to creditors claims
filed with the department.

5. The contractor under any contract made or awarded by
the department, including any contract for the construction, improvement,
maintenance or repair of any road or highway or the appurtenances thereto, may,
from time to time, withdraw the whole or any portion of the sums otherwise due
to the contractor under the contract which are retained by the department,
pursuant to the terms of the contract, if the contractor deposits with the
director:

(a) United States treasury bonds, United States treasury
notes, United States treasury certificates of indebtedness or United States
treasury bills;

(b) Bonds or notes of the State of Nevada; or

(c) General obligation bonds of any political subdivision
of the State of Nevada.

Certificates of deposit must be of a market value not
exceeding par, at the time of deposit, but at least equal in value to the
amount so withdrawn from payments retained under the contract.

6. The director has the power to enter into a contract
or agreement with any national bank, state bank, credit union, trust company or
safe deposit company located in the State of Nevada, designated by the
contractor after notice to the owner and surety, to provide for the custodial
care and servicing of any obligations deposited with him pursuant to this
section. Such services include the safekeeping of the obligations and the
rendering of all services required to effectuate the purposes of this section.

7. The director or any national bank, state bank, credit
union, trust company or safe deposit company located in the State of Nevada,
designated by the contractor to serve as custodian for the obligations pursuant
to subsection 6, shall collect all interest or income when due on the
obligations so deposited and shall pay them, when and as collected, to the
contractor who deposited the obligation. If the deposit is in the form of
coupon bonds, the director shall deliver each coupon as it matures to the contractor.

8. Any amount deducted by the State of Nevada, or
pursuant to the terms of a contract, from the retained payments otherwise due
to the contractor thereunder, must be deducted first from that portion of the
retained payments for which no obligation has been substituted, then from the
proceeds of any deposited obligation. In the latter case, the contractor is
entitled to receive the interest, coupons or income only from those obligations
which remain on deposit after that amount has been deducted.

9. A contractor shall disburse money paid to him
pursuant to this section, including any interest that the contractor receives,
to his subcontractors and suppliers within 15 days after he receives the money
in the proportion that the value of the work performed by each subcontractor or
the materials furnished by each supplier bears to the total amount of the
contract between the principal contractor and the department.

10. Money payable to a subcontractor or supplier accrues
interest at a rate equal to the lowest daily prime rate at the three largest
banks in the United States on the date the subcontract or order for supplies
was executed plus 2 percent, from 15 days after the money was received by the
principal contractor until the date of payment.

11. If a contractor withholds more than 10 percent of a
payment required by subsection 9, the subcontractor or supplier may inform the
director in writing of the amount due. The director shall attempt to resolve
the dispute between the contractor and the subcontractor or supplier within 20
working days after the date that the director receives notice of the amount
due. If the dispute is not resolved within 20 working days after the date that
the director receives notice of the amount due, the contractor shall deposit
the disputed amount in an escrow account that bears interest. The contractor,
subcontractor or supplier may pursue any legal or equitable remedy to resolve
the dispute over the amount due. The director may not be made a party to any
legal or equitable action brought by the contractor, subcontractor or supplier.

12. If the
director awards to a railroad company a contract for a project for the
construction, reconstruction, improvement or maintenance of a highway and the
project is located on property that is owned by or under the control of the
railroad company, the director may agree in the contract not to retain any
portion of the contract price.

Sec. 5. NRS 408.3884 is hereby amended to read as
follows:

408.3884 To qualify to participate in the design and
construction of a project for the department, a design-build team must:

1. [Obtain]Except as otherwise provided in section 1 of this act,
obtain a performance bond and payment bond as the department may
require;

2. Obtain insurance covering general liability and
liability for errors and omissions;

3. Not have been found liable for breach of contract
with respect to a previous project, other than a breach for legitimate cause;

4. Not have been disqualified from being awarded a
contract pursuant to NRS 338.017, 338.1387, 338.145 or 408.333; and

5. Ensure that the members of the design-build team
possess the licenses and certificates required to carry out the functions of
their respective professions within this state.

338.1373 1. A local government shall award a contract
for the construction, alteration or repair of a public work pursuant to the
provisions of:

(a) NRS 338.1375 to 338.1389, inclusive; or

(b) NRS 338.143, 338.145 and 338.147.

2. The provisions of NRS 338.1375 to 338.1383,
inclusive, do not apply with respect to contracts for the construction,
reconstruction, improvement and maintenance of highways that are awarded by the
department of transportation pursuant to NRS 408.313 to 408.433, inclusive[.] , and section 1 of this act.

Sec. 7. This act becomes effective upon passage and
approval.

________

CHAPTER 118, AB 183

Assembly Bill No.
183Committee on Ways and Means

CHAPTER 118

AN ACT making an appropriation to the legislative fund
for the reproduction of older volumes of Nevada Reports and Statutes of Nevada;
and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the state
general fund to the legislative fund created by NRS 218.085 the sum of $73,100
for the cost of reproducing older volumes of Nevada Reports that are out of
print or of limited supply, pursuant to NRS 345.025, and for the cost of
reproducing volumes of Statutes of Nevada that are in short supply or out of
print.

Sec. 2. Any remaining balance of the appropriation
made by section 1 of this act must not be committed for expenditure after June
30, 2003, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 3. This act becomes effective upon passage and
approval.

________

κ2001
Statutes of Nevada, Page 641κ

CHAPTER 119, AB 299

Assembly Bill No.
299Assemblyman Mortenson

CHAPTER 119

AN ACT relating to elections; revising the period within
which county and municipal initiative and referendum petitions must be filed;
providing for the appointment of two committees to prepare arguments for and
against county and municipal ballot questions in certain counties and cities;
revising the provisions relating to the appointment and duties of such
committees; authorizing the county clerk and city clerk to consult with certain
persons before determining whether to reject certain statements in arguments
and rebuttals prepared by such committees; providing that signatures must be
removed from certain petitions, upon request, only if the removal of such
signatures could affect the sufficiency of the petitions; and providing other
matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
293.1277 is hereby amended to read as follows:

293.1277 1. If the secretary of state finds that the
total number of signatures submitted to all the county clerks is 100 percent or
more of the number of registered voters needed to declare the petition
sufficient, he shall immediately so notify the county clerks. Within 9 days,
excluding Saturdays, Sundays and holidays, after notification, each of the
county clerks shall determine the number of registered voters who have signed
the documents submitted in his county.

2. If more than 500 names have been signed on the
documents submitted to him, a county clerk shall examine the signatures by
sampling them at random for verification. The random sample of signatures to be
verified must be drawn in such a manner that every signature which has been
submitted to the county clerk is given an equal opportunity to be included in
the sample. The sample must include an examination of at least 500 or 5 percent
of the signatures, whichever is greater.

3. In determining from the records of registration the
number of registered voters who signed the documents, the county clerk may use
the signatures contained in the file of applications to register to vote. If
the county clerk uses that file, he shall ensure that every application in the
file is examined, including any application in his possession which may not yet
be entered into his records. The county clerk shall rely only on the appearance
of the signature and the address and date included with each signature in
making his determination.

4. Except as otherwise provided in subsection 6, upon
completing the examination, the county clerk shall immediately attach to the
documents a certificate properly dated, showing the result of his examination
and transmit the documents with the certificate to the secretary of state. A
copy of this certificate must be filed in the clerks office. When the county clerk transmits the
certificate to the secretary of state, the county clerk shall notify the
secretary of state of the number of requests to remove a name received by the
county clerk pursuant to NRS 295.055 or 306.015.

5. A person who submits a petition to the county clerk
which is required to be verified pursuant to NRS 293.128, 293.165, 293.172,
293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the
verification of the signatures.

the signatures. A public officer who is the subject of a
recall petition must also be allowed to witness the verification of the signatures
on the petition.

6. For any petition containing signatures which are
required to be verified pursuant to the provisions of NRS 293.165, 293.200,
306.035 or 306.110 for any county, district or municipal office within one
county, the county clerk shall not transmit to the secretary of state the
documents containing the signatures of the registered voters.

7. The secretary of state may by regulation establish
further procedures for carrying out the provisions of this section.

Sec. 2. NRS 293.1278 is hereby amended to read as
follows:

293.1278 1. If the certificates received by the
secretary of state from all the county clerks establish that the number of
valid signatures is less than 90 percent of the required number of registered
voters, the petition shall be deemed to have failed to qualify, and the
secretary of state shall immediately so notify the petitioners and the county
clerks.

2. If those certificates establish that the [petitioners
have]number
of valid signatures is equal to or more than the sum of 100 percent of the number of
registered voters needed to make the petition sufficient [,]plus the total number of requests to
remove a name received by the county clerks pursuant to NRS 295.055 or 306.015,
the petition shall be deemed to qualify as of the date of receipt
by the secretary of state of those
certificates ,[showing the petition to have reached 100 percent,]
and the secretary of state shall immediately so notify the petitioners and the
county clerks.

3. If the
certificates establish that the petitioners have 100 percent or more of the
number of registered voters needed to make the petition sufficient but the
petition fails to qualify pursuant to subsection 2, each county clerk who
received a request to remove a name pursuant to NRS 295.055 or 306.015 shall
remove each name as requested, amend the certificate, and transmit the amended
certificate to the secretary of state. If the amended certificates establish
that the petitioners have 100 percent or more of the number of registered
voters needed to make the petition sufficient, the petition shall be deemed to
qualify as of the date of receipt by the secretary of state of the amended
certificates, and the secretary of state shall immediately so notify the petitioners
and the county clerks.

Sec. 3. NRS 293.1279 is hereby amended to read as
follows:

293.1279 1. If the statistical sampling shows that the
number of valid signatures filed is 90 percent or more , but less than the sum of 100 percent of the number of
signatures of registered voters needed to declare the petition sufficient [,]plus the total number of requests
to remove a name received by the county clerks pursuant to NRS 295.055 or
306.015, the secretary of state shall order the county clerks to
examine the signatures for verification. The county clerks shall examine the
signatures for verification until they determine that 100 percent of the number
of signatures of registered voters needed to declare the petition sufficient
are valid. If the county clerks
received a request to remove a name pursuant to NRS 295.055 or 306.015, the
county clerks may not determine that 100 percent of the number of signatures of
registered voters needed to declare the petition sufficient are valid until
they have removed each name as requested pursuant to NRS 295.055 or 306.015.

2. If the statistical sampling shows that the number of
valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of
the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last
preceding general election in that county [,] plus the total number of requests
to remove a name received by the county clerk in that county pursuant to NRS
295.055 or 306.015, the secretary of state may order the county clerk in that
county to examine every signature for verification.

10 percent of the number of voters who voted at the last preceding
general election in that county [,]plus the total number of requests to remove a name received
by the county clerk in that county pursuant to NRS 295.055 or 306.015, the
secretary of state may order the county clerk in that county to examine every signature
for verification. If the county
clerk received a request to remove a name pursuant to NRS 295.055 or 306.015,
the county clerk may not determine that 100 percent or more of the number of
signatures of registered voters needed to constitute 10 percent of the number
of voters who voted at the last preceding general election in that county are
valid until he has removed each name as requested pursuant to NRS 295.055 or
306.015.

3. Within 12 days, excluding Saturdays, Sundays and
holidays, after receipt of such an order, the clerk shall determine from the
records of registration what number of registered voters have signed the
petition. If necessary, the board of county commissioners shall allow the
county clerk additional assistants for examining the signatures and provide for
their compensation. In determining from the records of registration what number
of registered voters have signed the petition, the clerk may use any file or
list of registered voters maintained by his office or facsimiles of voters
signatures. The county clerk may rely on the appearance of the signature and
the address and date included with each signature in determining the number of
registered voters that signed the petition.

4. Except as otherwise provided in subsection 5, upon
completing the examination, the county clerk shall immediately attach to the
documents of the petition an amended certificate properly dated, showing the
result of the examination and shall immediately forward the documents with the
amended certificate to the secretary of state. A copy of the amended
certificate must be filed in the county clerks office.

5. For any petition containing signatures which are
required to be verified pursuant to the provisions of NRS 293.165, 293.200,
306.035 or 306.110 for any county, district or municipal office within one
county, the county clerk shall not forward to the secretary of state the
documents containing the signatures of the registered voters.

6. Except for a petition to recall a county, district or
municipal officer, the petition shall be deemed filed with the secretary of
state as of the date on which he receives certificates from the county clerks
showing the petition to be signed by the requisite number of voters of the
state.

7. If the amended certificates received from all county
clerks by the secretary of state establish that the petition is still
insufficient, he shall immediately so notify the petitioners and the county
clerks. If the petition is a petition to recall a county, district or municipal
officer, the secretary of state shall also notify the officer with whom the
petition is to be filed.

Sec. 4. NRS 293.12795 is hereby amended to read
as follows:

293.12795 1. If an appeal is based upon the results of
the verification of signatures on a petition performed pursuant to NRS 293.1277
or 293.1279, the secretary of state shall:

(a) If he finds for the appellant, order the county clerk
to recertify the petition, including as verified signatures all contested
signatures which the secretary of state determines are valid. If the county clerk has not yet removed
each name as requested pursuant to NRS 295.055 or 306.015, the county clerk
shall do so before recertifying the petition.

(b) If he does not find for the appellant, notify the
appellant and the county clerk that the petition remains insufficient.

2. If the secretary of state is unable to make a
decision on the appeal based upon the documents submitted to him, the secretary
of state may order the county clerk to reverify the signatures.

3. The decision of the secretary of state is a final decision
for the purposes of judicial review. The decision of the secretary of state may
only be appealed in the first judicial district court.

Sec. 5. NRS 295.055 is hereby amended to read as
follows:

295.055 1. The secretary of state shall by regulation
specify:

(a) The format for the signatures on a petition for an
initiative or referendum and make free specimens of the format available upon
request. Each signature must be dated.

(b) The manner of fastening together several sheets
circulated by one person to constitute a single document.

2. Each document of the petition must bear the name of a
county, and only registered voters of that county may sign the document.

3. A person who signs a petition may request that the county clerk remove his name
from it by transmitting his request in writing to the county clerk at any time
before the petition is filed with the county clerk.

Sec. 6. NRS 295.095 is hereby amended to read
as follows:

295.095 1. Any five registered voters of the county may
commence initiative or referendum proceedings by filing with the county clerk
an affidavit stating they will constitute the petitioners committee and be
responsible for circulating the petition and filing it in proper form, stating
their names and addresses and specifying the address to which all notices to
the committee are to be sent, and setting out in full the proposed initiative
ordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number of
registered voters of the county equal to 15 percent or more of the number of
voters who voted at the last preceding general election in the county.

3. Referendum petitions must be signed by a number of
registered voters of the county equal to 10 percent or more of the number of
voters who voted at the last preceding general election in the county.

4. A petition must be filed not later than:

(a) One hundred and eighty days after the date that the affidavit
required by subsection 1 is filed with the county clerk; or

(b) One hundred and thirty days before the election,

whichever is earlier.

5. A petition may consist of more than one document, but
all documents of a petition must be uniform in size and style, numbered and
assembled as one instrument for filing. Each signature must be executed in ink
or indelible pencil and followed by the address of the person signing and the
date on which he signed the petition. All signatures on a petition must be obtained
within the period specified in [paragraph (a) of] subsection 4. Each
document must contain or have attached thereto throughout its circulation the
full text of the ordinance proposed or sought to be reconsidered.

6. Each document of a petition must have attached to it
when filed an affidavit executed by the circulator thereof stating:

(d) That he believes them to be genuine signatures of the
persons whose names they purport to be; and

(e) That each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.

7. The county clerk shall issue a receipt to any person
who submits a petition pursuant to this section. The receipt must set forth the
number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included in
the petition.

Sec. 7. NRS 295.121 is hereby amended to read as
follows:

295.121 1. In a county whose population is 50,000 or
more, for each initiative, referendum or other question to be placed on the
ballot by the board or county clerk, including, without limitation, pursuant to
NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the
county clerk[,]
pursuant to subsection [2, appoint a committee of six person , three of whom are
known to]4,
appoint two committees. Except as otherwise provided in subsection 2, one
committee must be composed of three persons who favor approval by
the voters of the initiative, referendum or other question and the other committee must be composed of three
[of whom are known to]persons who oppose
approval by the voters of the initiative, referendum or other question.

2. If,
after consulting with the county clerk pursuant to subsection 4, the board is
unable to appoint three persons who are willing to serve on a committee, the
board may appoint fewer than three persons to that committee, but the board
must appoint at least one person to each committee appointed pursuant to this
section.

3. With
respect to a committee appointed pursuant to this section:

(a) A
person may not serve
simultaneously on [more
than one committee.]the committee that favors approval by the voters of an
initiative, referendum or other question and the committee that opposes
approval by the voters of that initiative, referendum or other question.

(b) Members
of the committee serve without compensation.

(c) The
term of office for each member commences upon appointment and expires upon the
publication of the sample ballot containing the initiative, referendum or other
question.

[2.] 4. Before the board appoints a committee
pursuant to subsection 1, the county clerk shall:

(a) Recommend to the board persons to be appointed to the
committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest in
serving on the committee; and

(2) A person who is a member of an organization that
has expressed an interest in having a member of the organization serve on the
committee.

[3.] 5. If the board of a county whose population
is 50,000 or more fails to appoint a committee as required [by subsection 1,]pursuant to this section, the
county clerk shall appoint the committee.

[4.] 6. A committee appointed pursuant to this
section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary to
fulfill the requirements of this section;

(d) Shall ,
based on whether the members were appointed to advocate or oppose approval by
the voters of the initiative, referendum or other question, prepare
an argument either advocating
or opposing approval
by the voters of the initiative, referendum or other question ; [, and prepare a rebuttal
to that argument;]

(e) Shall prepare [an argument opposing
approval by the voters of the initiative, referendum or other question, and
prepare] a rebuttal to [that argument;]the argument prepared by the other
committee appointed pursuant to this section; and

(f) Shall submit the [arguments and rebuttals]argument and rebuttal prepared
pursuant to paragraphs (d) and (e) to the county clerk not later than the date
prescribed by the county clerk pursuant to subsection [5.] 7.

[5.] 7. The county clerk of a county whose
population is 50,000 or more shall provide, by rule or regulation:

(a) The maximum permissible length of an argument or
rebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal prepared
pursuant to this section must be submitted by the committee to the county
clerk.

[6.] 8. Upon receipt of an argument or rebuttal
prepared pursuant to this section, the county clerk [shall reject]:

(a) May
consult with persons who are generally recognized by a national or statewide
organization as having expertise in the field or area to which the initiative,
referendum or other question pertains; and

(b) Shall
reject each statement in the argument or rebuttal that he
believes is libelous or factually inaccurate.

Not later than 5 days after the county clerk rejects a
statement pursuant to this subsection, the committee may appeal that rejection
to the district attorney. The district attorney shall review the statement and
the reasons for its rejection and may receive evidence, documentary or
testimonial, to aid him in his decision. Not later than 3 business days after
the appeal by the committee, the district attorney shall issue his decision
rejecting or accepting the statement. The decision of the district attorney is
a final decision for the purposes of judicial review.

[7.] 9. The county clerk shall place in the
sample ballot provided to the registered voters of the county each argument and
rebuttal prepared pursuant to this section, containing all statements that were
not rejected pursuant to subsection [6.]8. The county clerk may
revise the language submitted by the committee so that it is clear, concise and
suitable for incorporation in the sample ballot, but shall not alter the
meaning or effect without the consent of the committee.

[8.]10. In a county whose population is less than
50,000:

(a) The board may appoint [a committee]committees pursuant
to [subsection 1.] this section.

(b) If the board appoints [a committee,]committees pursuant to this
section, the county clerk shall provide for rules or regulations
pursuant to subsection [5.] 7.

Sec. 8. NRS 295.205 is hereby amended to read as
follows:

295.205 1. Any five registered voters of the city may
commence initiative or referendum proceedings by filing with the city clerk an
affidavit:

(a) Stating they will constitute the petitioners
committee and be responsible for circulating the petition and filing it in
proper form;

(c) Specifying the address to which all notices to the
committee are to be sent; and

(d) Setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number of
registered voters of the city equal to 15 percent or more of the number of
voters who voted at the last preceding city election.

3. Referendum petitions must be signed by a number of
registered voters of the city equal to 10 percent or more of the number of
voters who voted at the last preceding city election.

4. A petition must be filed not later than:

(a) One hundred and eighty days after the date that the
affidavit required by subsection 1 is filed with the city clerk; or

(b) One hundred and thirty days before the election,

whichever is earlier.

5. A petition may consist of more than one document, but
all documents of a petition must be uniform in size and style, numbered and
assembled as one instrument for filing. Each signature must be executed in ink
or indelible pencil and followed by the address of the person signing and the
date on which he signed the petition. All signatures on a petition must be
obtained within the period specified in [paragraph (a) of]
subsection 4. Each document must contain or have attached thereto throughout
its circulation the full text of the ordinance proposed or sought to be
reconsidered.

6. Each document of a petition must have attached to it
when filed an affidavit executed by the circulator thereof stating:

(a) That he personally circulated the document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in his presence;

(d) That he believes them to be genuine signatures of the
persons whose names they purport to be; and

(e) That each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.

7. The city clerk shall issue a receipt to any person
who submits a petition pursuant to this section. The receipt must set forth the
number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included in
the petition.

Sec. 9. NRS 295.217 is hereby amended to read as
follows:

295.217 1. In a city whose population is 50,000 or
more, for each initiative, referendum or other question to be placed on the
ballot by the council, including, without limitation, pursuant to NRS 293.482
or 295.215, the council shall, in consultation with the city clerk[,]
pursuant to subsection [2, appoint a committee of six persons, three of whom are
known to]4,
appoint two committees. Except as otherwise provided in subsection 2, one
committee must be composed of three persons who favor approval by
the voters of the initiative, referendum or other question and the other committee must be composed of three
[of whom are known to]persons who oppose
approval by the voters of the initiative, referendum or other question.

2. If,
after consulting with the city clerk pursuant to subsection 4, the council is
unable to appoint three persons willing to serve on a committee, the council
may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee
appointed pursuant to this section.

the council must
appoint at least one person to each committee appointed pursuant to this
section.

3. With
respect to a committee appointed pursuant to this section:

(a) A
person may not serve
simultaneously on [more
than one committee .]the committee that favors approval by the voters of an
initiative, referendum or other question and the committee that opposes
approval by the voters of that initiative, referendum or other question.

(b) Members
of the committee serve without compensation.

(c) The
term of office for each member commences upon appointment and expires upon the
publication of the sample ballot containing the initiative, referendum or other
question.

[2.] 4. Before the council appoints a committee
pursuant to [subsection 1,]this section, the city clerk shall:

(a) Recommend to the council persons to be appointed to
the committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest in
serving on the committee; and

(2) A person who is a member of an organization that
has expressed an interest in having a member of the organization serve on the
committee.

[3.] 5. If the council of a city whose population
is 50,000 or more fails to appoint a committee as required [by subsection 1,]pursuant to this section, the
city clerk shall appoint the committee.

[4.] 6. A committee appointed pursuant to this
section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary to
fulfill the requirements of this section;

(c) May seek and consider comments from the general
public;

(d) Shall ,
based on whether the members were appointed to advocate or oppose approval by
the voters of the initiative, referendum or other question,
prepare an argument either advocating
or opposing approval
by the voters of the initiative, referendum or other question ; [, and prepare a rebuttal
to that argument;]

(e) Shall prepare [an argument opposing
approval by the voters of the initiative, referendum or other question, and
prepare] a rebuttal to [that argument;]the argument prepared by the other
committee appointed pursuant to this section; and

(f) Shall submit the [arguments and rebuttals]argument and rebuttal prepared
pursuant to paragraphs (d) and (e) to the city clerk not later than the date
prescribed by the city clerk pursuant to subsection [5.] 7.

[5.] 7. The city clerk of a city whose population
is 50,000 or more shall provide, by rule or regulation:

(a) The maximum permissible length of an argument or
rebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal prepared
pursuant to this section must be submitted by the committee to the city clerk.

[6.] 8. Upon receipt of an argument or rebuttal
prepared pursuant to this section, the city clerk [shall reject]:

(a) May
consult with persons who are generally recognized by a national or statewide
organization as having expertise in the field or area to which the initiative,
referendum or other question pertains; and

(b) Shall reject
each statement in the argument or rebuttal that he believes is
libelous or factually inaccurate.

Not later than 5 days after the city clerk rejects a
statement pursuant to this subsection, the committee may appeal that rejection
to the city attorney. The city attorney shall review the statement and the
reasons for its rejection and may receive evidence, documentary or testimonial,
to aid him in his decision. Not later than 3 business days after the appeal by
the committee, the city attorney shall issue his decision rejecting or
accepting the statement. The decision of the city attorney is a final decision
for the purposes of judicial review.

[7.] 9. The city clerk shall place in the sample
ballot provided to the registered voters of the city each argument and rebuttal
prepared pursuant to this section, containing all statements that were not
rejected pursuant to subsection [6.]8. The city clerk may revise the language
submitted by the committee so that it is clear, concise and suitable for
incorporation in the sample ballot, but shall not alter the meaning or effect
without the consent of the committee.

[8.] 10. In a city whose population is less than
50,000:

(a) The council may appoint [a committee]committees pursuant
to [subsection 1.] this section.

(b) If the council appoints [a committee,]committees pursuant to this
section, the city clerk shall provide for rules or regulations
pursuant to subsection [5.] 7.

Sec. 10. NRS 306.015 is hereby amended to read as
follows:

306.015 1. Before a petition to recall a public officer
is circulated, the persons proposing to circulate the petition must file a notice
of intent with the filing officer.

2. The notice of intent:

(a) Must be signed by three registered voters who
actually voted in this state or in the county, district or municipality
electing the officer at the last preceding general election.

(b) Must be signed before a person authorized by law to
administer oaths that the statements and signatures contained in the notice are
true.

(c) Is valid until the date on which the call for a
special election is issued, as set forth in NRS 306.040.

3. The petition may consist of more than one document.
The persons filing the notice of intent shall submit the petition that was
circulated for signatures to the filing officer within 60 days after the date
on which the notice of intent was filed. The filing officer shall immediately
submit the petition to the county clerk for verification pursuant to NRS
306.035. Any person who fails to file the petition as required by this
subsection is guilty of a misdemeanor. Copies of the petition are not valid for
any subsequent petition.

4. The county clerk shall, upon completing the
verification of the signatures on the petition, file the petition with the
filing officer.

5. Any person who signs a petition to recall any public
officer may request that the
county clerk remove his name from the petition by submitting a
request in writing to the county clerk at any time before the petition is
submitted for the verification of the signatures thereon pursuant to NRS
306.035.

6. A person who signs a notice of intent pursuant to
subsection 1 or a petition to recall a public officer is immune from civil
liability for conduct related to the exercise of his right to participate in
the recall of a public officer.

7. As used in this section, filing officer means the
officer with whom the public officer to be recalled filed his declaration of
candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or
293C.175.

Sec. 11. NRS 306.040 is hereby amended to read as
follows:

306.040 1. Upon determining that the number of
signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to
293.1279, inclusive, the secretary of state shall notify the county clerk, the
officer with whom the petition is to be filed pursuant to subsection 4 of NRS
306.015 and the public officer who is the subject of the petition.

2. After the verification of signatures is complete, but
not later than the date a complaint is filed pursuant to subsection 5 or the
date the call for a special election is issued, whichever is earlier, a person
who signs a petition to recall may request the secretary of state to strike his
name from the petition. If the person demonstrates good cause therefor [,]and the number of such requests
received by the secretary of state could affect the sufficiency of the
petition, the secretary of state shall strike [his]the name of the person from the
petition.

3. Not sooner than 10 days nor more than 20 days after
the secretary of state completes the notification required by subsection 1, if
a complaint is not filed pursuant to subsection 5, the officer with whom the
petition is filed shall issue a call for a special election in the jurisdiction
in which the public officer who is the subject of the petition was elected to
determine whether the people will recall him.

4. The call for a special election pursuant to
subsection 3 or 6 must include, without limitation:

(a) The last day on which a person may register to vote
to qualify to vote in the special election; and

(b) The last day on which a petition to nominate other
candidates for the office may be filed.

5. The legal sufficiency of the petition may be
challenged by filing a complaint in district court not later than 5 days,
Saturdays, Sundays and holidays excluded, after the secretary of state
completes the notification required by subsection 1. All affidavits and
documents in support of the challenge must be filed with the complaint. The
court shall set the matter for hearing not later than 30 days after the
complaint is filed and shall give priority to such a complaint over all other
matters pending with the court, except for criminal proceedings.

6. Upon the conclusion of the hearing, if the court
determines that the petition is sufficient, it shall order the officer with
whom the petition is filed to issue a call for a special election in the
jurisdiction in which the public officer who is the subject of the petition was
elected to determine whether the people will recall him. If the court
determines that the petition is not sufficient, it shall order the officer with
whom the petition is filed to cease any further proceedings regarding the
petition.

Sec. 12. This act becomes effective upon passage and
approval.

________

κ2001
Statutes of Nevada, Page 651κ

CHAPTER 120, AB 266

Assembly Bill No.
266Committee on Government Affairs

CHAPTER 120

AN ACT relating to notaries public; prescribing a
certificate sufficient for administering an oath or affirmation of office;
authorizing the secretary of state to provide and charge a reasonable fee for
courses of study for the voluntary training of notaries public; establishing
the notary public training fund; prescribing the date of the commencement of an
appointment as a notary public; prohibiting a notary public from committing
certain acts; requiring a notary public to enter in his journal the type of
certificate used to evidence a notarial act; authorizing the secretary of state
to refuse to issue an apostille in certain circumstances; repealing the
provisions relating to commissioners of deeds; and providing other matters
properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 240 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. The
following certificate is sufficient for administering an oath or affirmation of
office:

State of.........................

County of.....................

I, .............(name
of person taking oath or affirmation of office)............, do solemnly swear
(or affirm) that I will support, protect and defend the Constitution and
Government of the United States and the constitution and government of the
State of Nevada against all enemies, whether domestic or foreign, and that I
will bear true faith, allegiance and loyalty to the same, any ordinance,
resolution or law of any state notwithstanding, and that I will well and
faithfully perform all the duties of the office of ........(title of
office)........, on which I am about to enter; (if an oath) so help me God; (if
an affirmation) under the pains and penalties of perjury.

(b) Charge a
reasonable fee to each person who enrolls in a course of study for the
voluntary training of notaries public.

2. A course of
study provided pursuant to this section must comply with the regulations
adopted pursuant to subsection 1 of NRS 240.017.

3. The secretary
of state shall deposit the fees collected pursuant to paragraph (b) of
subsection 1 in the notary public training fund which is hereby created as a
special revenue fund in the state treasury. The fund must be administered by
the secretary of state. Any interest and income earned on the money in the
fund, after deducting any applicable charges, must be credited to the fund. Any
money remaining in the fund at the end of a fiscal year does not revert to the
state general fund and the balance in the fund must be carried forward. All
claims against the fund must be paid as other claims against the state are
paid. The money in the fund may be expended only to pay for expenses related to
providing courses of study for the voluntary training of notaries public,
including, without limitation, the rental of rooms and other facilities,
advertising, travel and the printing and preparation of course materials.

Sec. 4. NRS 240.001 is hereby amended to read as
follows:

240.001 As used in NRS 240.001 to 240.169, inclusive, and section 3 of this act, unless
the context otherwise requires, the words and terms defined in NRS 240.002 to
240.006, inclusive, have the meanings ascribed to them in those sections.

Sec. 5. NRS 240.017 is hereby amended to read as
follows:

240.017 The secretary of state:

1. May adopt regulations [prescribing] :

(a) Prescribing
the procedure for the appointment and voluntary training of a notary public.

(b) Establishing
procedures for the notarization of digital or electronic signatures.

2. Shall adopt regulations prescribing the form of each
affidavit required pursuant to subsection 2 of NRS 240.030.

Sec. 6. NRS 240.030 is hereby amended to read as
follows:

240.030 1. Except as otherwise provided in subsection
4, each person applying for appointment as a notary public must:

(a) At the time he submits his application, pay to the
secretary of state $35.

(b) Take and subscribe to the oath set forth in section 2
of article 15 of the constitution of the State of Nevada as if he were a public
officer.

(c) Enter into a bond to the State of Nevada in the sum
of $10,000, to be filed with the clerk of the county in which the applicant
resides or, if the applicant is a resident of an adjoining state, with the
clerk of the county in this state in which the applicant maintains a place of
business or is employed. The applicant shall submit to the secretary of state a
certificate issued by the appropriate county clerk which indicates that the
applicant filed the bond required pursuant to this paragraph.

2. In addition to the requirements set forth in
subsection 1, an applicant for appointment as a notary public, including,
without limitation, a court reporter, who resides in an adjoining state must
submit to the secretary of state with his application:

(a) An affidavit setting forth the adjoining state in
which he resides, his mailing address and the address of his place of business
or employment that is located within the State of Nevada; and

(b) Unless the applicant is self-employed, an affidavit
from his employer setting forth the facts that show:

(1) The employer is licensed to do business in the
State of Nevada; and

(2) The employer regularly employs the applicant at
an office, business or facility which is located within the State of Nevada.

3. In completing an application, bond, oath or other
document necessary to apply for appointment as a notary public, an applicant
must not be required to disclose his residential address or telephone number on
any such document which will become available to the public.

4. A court reporter who has received a certificate of
registration pursuant to NRS 656.180 may apply for appointment as a notary
public with limited powers. Such an applicant is not required to enter into a
bond to obtain the limited power of a notary public to administer oaths or
affirmations.

5. If required, the bond, together with the oath, must be
filed and recorded in the office of the county clerk of the county in which the
applicant resides when he applies for his appointment or, if the applicant is a
resident of an adjoining state, with the clerk of the county in this state in
which the applicant maintains a place of business or is employed. On a form
provided by the secretary of state, the county clerk shall immediately certify
to the secretary of state that the required bond and oath have been filed and
recorded. Upon receipt of the application, fee and certification that the
required bond and oath have been filed and recorded, the secretary of state
shall issue a certificate of appointment as a notary public to the applicant.

6.
Except as otherwise provided in
subsection 7, the term of a notary public commences on the effective date of
the bond required pursuant to paragraph (c) of subsection 1. A notary public
shall not perform a notarial act after the effective date of the bond unless he
has been issued a certificate of appointment.

7. The term
of a notary public with limited powers commences on the date set forth in his
certificate of appointment.

8. Except
as otherwise provided in this subsection, the secretary of state shall charge a
fee of $10 for each duplicate or amended certificate of appointment which is
issued to a notary. If the notary public does not receive an original
certificate of appointment, the secretary of state shall provide a duplicate
certificate of appointment without charge if the notary public requests such a
duplicate within 60 days after the date on which the original certificate was
issued.

Sec. 7. NRS 240.069 is hereby amended to read as
follows:

240.069 A certified court reporter who receives a
certificate of appointment as a notary public with limited powers pursuant to
subsection [3]4 of NRS 240.030, may only administer oaths
and affirmations and may not perform the other powers, and is not required to
perform the other duties, of a notary public specified in NRS 240.040, 240.060
and 240.120.

Sec. 8. NRS 240.075 is hereby amended to read as
follows:

240.075 A notary public shall not:

1. Influence a person to enter or not enter into a
lawful transaction involving a notarial act performed by the notary public.

2. Certify an instrument containing a statement known by
him to be false.

3. Perform any act as a notary public with intent to
deceive or defraud[.] , including, without limitation,
altering the journal that he is required to keep pursuant to NRS 240.120.

4. Endorse or promote any product, service or offering
if his appointment as a notary public is used in the endorsement or promotional
statement.

5. Certify photocopies of a certificate of birth, death
or marriage or a divorce decree.

6. Allow any other person to use his notarys stamp.

7. Allow any other person to sign the notarys name in a
notarial capacity.

8. Perform
a notarial act on a document that contains only a signature.

Sec. 9. NRS 240.120 is hereby amended to read as
follows:

240.120 1. Except as otherwise provided in NRS 240.069,
each notary public shall keep a journal in his office in which he shall enter
for each notarial act performed, at the time the act is performed:

(a) The fees charged, if any;

(b) The title of the [matter;] document;

(c) The date on which he performed the service;

(d) The name and signature of the person whose signature
is being notarized;

(e) A description of the evidence used by the notary
public to verify the identification of the person whose signature is being
notarized; [and]

(f) An indication of whether he administered an oath[.] ; and

(g) The type
of certificate used to evidence the notarial act, as required pursuant to NRS
240.1655.

2. If the notary verifies the identification of the
person whose signature is being notarized on the basis of a credible witness,
the notary public shall:

(a) Require the witness to sign the journal in the space
provided for the description of the evidence used; and

(b) Make a notation in the journal that the witness is a
credible witness.

3. The journal must:

(a) Be open to public inspection.

(b) Be in a bound volume with preprinted page numbers.

4. A notary public shall, upon request and payment of
the fee set forth in NRS 240.100, provide a certified copy of an entry in his
journal.

5. A notary public shall retain each journal that he has
kept pursuant to this section until 7 years after the date on which he ceases
to be a notary public.

6. A notary public shall file a report with the
secretary of state and the appropriate law enforcement agency if his journal is
lost or stolen.

7. The provisions of this section do not apply to a
person who is authorized to perform a notarial act pursuant to paragraph (b),
(c) or (d) of subsection 1 of NRS 240.1635.

Sec. 10. NRS 240.165 is hereby amended to read as
follows:

240.165 1. A notarial act has the same effect under the
law of this state as if performed by a notarial officer of this state if
performed within the jurisdiction of and under authority of a foreign nation or
its constituent units or a multinational or international organization by the
following persons:

(c) A person authorized by the law of that jurisdiction
to perform notarial acts.

2. An apostille in the form prescribed by the Hague
Convention of October 5, 1961, conclusively establishes that the signature of
the notarial officer is genuine and that the officer holds the indicated
office. The secretary of state shall, upon request and payment of a fee of $20,
issue an apostille to verify a signature of a notarial officer on a document
that is kept in the records of the secretary of state[.] unless the document had not been
notarized in accordance with the provisions of this chapter.

3. A certificate by an officer of the foreign service or
consular officer of the United States stationed in the nation under the
jurisdiction of which the notarial act was performed, or a certificate by an
officer of the foreign service or consular officer of that nation stationed in
the United States, conclusively establishes a matter relating to the
authenticity or validity of the notarial act set forth in the certificate.

4. An official stamp or seal of the person performing
the notarial act is prima facie evidence that the signature is genuine and that
the person holds the indicated title.

5. An official stamp or seal of an officer listed in
paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with
the indicated title has authority to perform notarial acts.

6. If the title of office and indication of authority to
perform notarial acts appears either in a digest of foreign law or in a list
customarily used as a source for that information, the authority of an officer
with that title to perform notarial acts is conclusively established.

Sec. 11. NRS 240.1655 is hereby amended to
read as follows:

240.1655 1. A notarial act must be evidenced by a
certificate signed and dated by a notarial officer. The certificate must
include identification of the jurisdiction in which the notarial act is
performed and the title of the office of the notarial officer and may include
the official stamp or seal of office. [If the officer is a
notary public, the certificate must also indicate the date of expiration, if
any, of the commission of office, but omission of that information may
subsequently be corrected.] If the officer is a
commissioned officer on active duty in the military service of the United
States, it must also include the officers rank.

2. A certificate of a notarial act is sufficient if it
meets the requirements of subsection 1 and it:

(a) Is in the short form set forth in NRS 240.166 to
240.169, inclusive[;] , and section 2 of this act;

(b) Is in a form otherwise prescribed by the law of this
state;

(c) Is in a form prescribed by the laws or regulations
applicable in the place in which the notarial act was performed; or

(d) Sets forth the actions of the notarial officer and
those are sufficient to meet the requirements of the designated notarial act.

3. By executing a certificate of a notarial act, the
notarial officer certifies that the officer has made the determinations
required by NRS 240.163.

Sec. 12. NRS 240.166 is hereby amended to read as
follows:

240.166 The following certificate is sufficient for an
acknowledgment in an individual capacity:

240.1665 The following certificate is sufficient for an
acknowledgment in a representative capacity:

State of.................................

County of............................

This instrument was acknowledged before me on
........(date)........ by ....................(name(s) of
person(s)).................... as ....................(type of authority, e.g.,
officer, trustee, etc.).................... of ....................(name of
party on behalf of whom instrument was executed)....................

240.1667 The following certificate is sufficient for an
acknowledgment that contains a power of attorney:

State of ................................

County of ...........................

This instrument was acknowledged before me on
............(date)............ by...............(name of person [receiving]holding power of
attorney)............... as attorney in fact for...............(name of
principal/person whose name is in the document).............

(1) One county clerk, who is ex officio clerk of the
board of county commissioners and clerk of the district court of his county.

(2) One sheriff.

(3) One district attorney.

(4) One public administrator, except where otherwise
provided by law.

(5) One county assessor, except where otherwise provided
by law.

(6) One county treasurer, except where otherwise
provided by law.

(7) The number of county commissioners as provided
by law.

(8) One county recorder, who is ex officio county
auditor of his county if a county comptroller has not been appointed in his
county.

(9) Justices of the peace.

(10) Constables, except where otherwise provided by
law.

2. [The following officers must be appointed:

(a) Commissioners
of deeds for the respective states and territories of the United States and foreign
countries.

(b)]
All officers who are not elected[.] must be appointed.

Sec. 18. NRS 281.010 is hereby amended to read as
follows:

281.010 1. The following officers must be elected:

(a) A governor.

(b) A lieutenant governor.

(c) Two United States Senators.

(d) The number of members of the House of Representatives
of the United States to which this state may be entitled.

(e) The number of presidential electors to which this
state may be entitled.

(f) Five justices of the supreme court.

(g) District judges.

(h) Senators and members of the assembly.

(i) A secretary of state.

(j) A state treasurer.

(k) A state controller.

(l) An attorney general.

(m) Other officers whose elections are provided for by
law.

(n) For each county, and the equivalent officers for
Carson City:

(1) One county clerk, who is ex officio clerk of the
board of county commissioners and clerk of the district court of his county.

(2) One sheriff.

(3) One district attorney.

(4) One public administrator, except where otherwise
provided by law.

(5) One county assessor, except where otherwise
provided by law.

(6) One county treasurer, except where otherwise
provided by law.

(7) The number of county commissioners as provided
by law.

(8) One county recorder, who is ex officio county
auditor in counties in which a county comptroller has not been appointed.

(9) Justices of the peace.

(10) Constables, except where otherwise provided by
law.

2. [The following officers must be appointed:

(a) Commissioners
of deeds for the respective states and territories of the United States and
foreign countries.

(b)]
All officers who are not elected[.] must be appointed.

Sec. 19. NRS 281.4365 is hereby amended to read as
follows:

281.4365 1. Public officer means a person elected or
appointed to a position which is established by the constitution of the State
of Nevada, a statute of this state or an ordinance of any
of its counties or incorporated cities and which involves the exercise of a
public power, trust or duty.

statute of this state or an ordinance of any of its counties
or incorporated cities and which involves the exercise of a public power, trust
or duty. As used in this section, the exercise of a public power, trust or
duty includes:

(a) Actions taken in an official capacity which involve a
substantial and material exercise of administrative discretion in the formulation
of public policy;

(b) The expenditure of public money; and

(c) The enforcement of laws and rules of the state, a
county or a city.

2. Public officer does not include:

(a) Any justice, judge or other officer of the court
system;

(b) [A commissioner of deeds;

(c)]
Any member of a board, commission or other body whose function is advisory;

[(d)](c) Any member of a board of trustees for a
general improvement district or special district whose official duties do not
include the formulation of a budget for the district or the authorization of
the expenditure of the districts money; or

Sec. 21. 1. This section and sections 1 to 17,
inclusive, 19 and 20 of this act become effective on October 1, 2001.

2. Section 17 of this act expires by limitation on the date
on which the qualified electors of this state approve a constitutional
amendment that establishes an intermediate court of appeals within the State of
Nevada.

3. Section 18 of this act becomes effective on the date on
which the qualified electors of this state approve a constitutional amendment
that establishes an intermediate court of appeals within the State of Nevada.

________

CHAPTER 121, AB 337

Assembly
Bill No. 337Committee on Commerce and Labor

CHAPTER 121

AN ACT relating to deceptive trade practices; expanding
the definition of deceptive trade practice to include a person who engages in
certain acts during a solicitation by telephone or sales presentation;
providing a penalty; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 598 of NRS is hereby amended
by adding thereto a new section to read as follows:

A person engages
in a deceptive trade practice if during a solicitation by telephone or sales
presentation, he:

1. Uses
threatening, intimidating, profane or obscene language;

2. Repeatedly or
continuously conducts the solicitation or presentation in a manner that is
considered by a reasonable person to be annoying, abusive or harassing;

3. Solicits a person by telephone at his residence
between 9 p.m. and 8 a.m.; or

4. Blocks or
otherwise intentionally circumvents any service used to identify the caller
when placing an unsolicited telephone call.

Sec. 2. NRS 598.0903 is hereby amended to read as
follows:

598.0903 As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless
the context otherwise requires, the words and terms defined in NRS 598.0905 to
598.0947, inclusive, and section 1
of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS 598.0999 is hereby amended to read as
follows:

598.0999 1. A person who violates a court order or
injunction issued pursuant to the
provisions of NRS 598.0903 to [598.0997,]598.0999, inclusive,
and section 1 of this act upon
a complaint brought by the commissioner, the director, the district attorney of
any county of this state or the attorney general shall forfeit and pay to the
state general fund a civil penalty of not more than $10,000 for each violation.
For the purpose of this section, the court issuing the order or injunction
retains jurisdiction over the action or proceeding. Such civil penalties are in
addition to any other penalty or remedy available for the enforcement of the
provisions of NRS 598.0903 to [598.0997, inclusive.]598.0999, inclusive, and section 1 of
this act.

2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999,
inclusive, and section 1 of this
act, if the court finds that a person has willfully engaged in a
deceptive trade practice, the commissioner, the director, the district attorney
of any county in this state or the attorney general bringing the action may
recover a civil penalty not to exceed $2,500 for each violation. The court in
any such action may, in addition to any other relief or reimbursement, award
reasonable attorneys fees and costs.

3. A natural person, firm, or any officer or managing
agent of any corporation or association who knowingly and willfully engages in
a deceptive trade practice, other than a deceptive trade practice described in
NRS 598.992:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross
misdemeanor.

(c) For the third and all subsequent offenses, is guilty
of a category D felony and shall be punished as provided in NRS 193.130.

4. Any offense which occurred within 10 years
immediately preceding the date of the principal offense or after the principal
offense constitutes a prior offense for the purposes of subsection 3 when
evidenced by a conviction, without regard to the sequence of the offenses and
convictions.

5. If a person violates any provision of NRS 598.0903 to
598.0999, inclusive, and section 1
of this act, 598.100 to 598.2801, inclusive, 598.281 to 598.289,
inclusive, 598.840 to 598.966, inclusive, or 598.992, fails to comply with a
judgment or order of any court in this state concerning a violation of such a
provision, or fails to comply with an assurance of discontinuance or other
agreement concerning an alleged violation of such a provision, the commissioner
or the district attorney of any county may bring an action in the name of the
State of Nevada seeking:

(a) The suspension of the persons privilege to conduct
business within this state; or

(b) If the defendant is a corporation, dissolution of the
corporation.

The court may grant or deny the relief sought or may order
other appropriate relief.

Sec. 4. The provisions of this act do not apply to
offenses committed before July 1, 2001.

Sec. 5. 1. This section and section 1, 2 and 4 of
this act become effective on July 1, 2001.

2. Section 3 of this act becomes effective at 12:01 a.m. on
July 1, 2001.

________

CHAPTER 122, AB 361

Assembly
Bill No. 361Assemblyman Marvel

CHAPTER 122

AN ACT relating to taxation; revising the provisions
governing the reporting requirements, payment schedules and collection
procedures for the tax on the net proceeds of minerals; and providing other
matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 362.110 is hereby amended to
read as follows:

362.110 1. Every person extracting any mineral in this
state or receiving any royalty:

(a) Shall, on or before February 16 of each year, file
with the department a statement showing the gross yield and claimed net
proceeds from each geographically separate operation where a mineral is
extracted by that person during the calendar year immediately preceding the
year in which the statement is filed.

(b) May have up to 30 days after filing the statement
required by paragraph (a) to file an amended statement, if beforehand he [makes]submits a written
application to the department and the department finds good cause to allow the
amendment of the statement.

2. The statement must:

(a) Show the claimed deductions from the gross yield in
the detail set forth in NRS 362.120. The deductions are limited to the costs
incurred during the [period covered by the statement.] calendar year immediately preceding the
year in which the statement is filed.

(b) Be in the form prescribed by the department.

(c) Be verified by the manager, superintendent, secretary
or treasurer of the corporation, or by the owner of the operation, or, if the
owner is a natural person, by someone authorized in his behalf.

3. Each recipient of a royalty as described in
subsection 1 shall annually file with the department a list showing each of the
lessees responsible for taxes due in connection with the operation or
operations included in the statement filed pursuant to subsections 1 and 2.

Sec. 2. NRS 362.120 is hereby amended to read as
follows:

362.120 1. The department shall, from the statement filed pursuant to NRS 362.110 and
from all obtainable data, evidence and reports, compute in dollars and cents
the gross yield and net proceeds of the [period covered by the
statement.]
calendar year immediately preceding the year in which the statement is filed.

(3) All facilities and equipment for transportation
except those that are under the jurisdiction of the public utilities commission
of Nevada or the transportation services authority.

(f) The actual cost of fire insurance on the machinery,
equipment, apparatus, works, plants and facilities mentioned in paragraph (e).

(g) Depreciation of the original capitalized cost of the
machinery, equipment, apparatus, works, plants and facilities mentioned in
paragraph (e). The annual depreciation charge consists of amortization of the
original cost in a manner prescribed by regulation of the Nevada tax
commission. The probable life of the property represented by the original cost
must be considered in computing the depreciation charge.

(h) All money expended for premiums for industrial
insurance, and the actual cost of hospital and medical attention and accident
benefits and group insurance for all employees.

(i) All money paid as contributions or payments under the
unemployment compensation law of the State of Nevada, as contained in chapter
612 of NRS, all money paid as contributions under the Social Security Act of
the Federal Government, and all money paid to either the State of Nevada or the
Federal Government under any amendment to either or both of the statutes
mentioned in this paragraph.

(j) The actual cost of developmental work in or about the
mine or upon a group of mines when operated as a unit.

(k) All money paid as royalties by a lessee or sublessee
of a mine or well, or by both, in determining the net proceeds of the lessee or
sublessee, or both.

4. Royalties deducted by a lessee or sublessee
constitute part of the net proceeds of the minerals extracted, upon which a tax
must be levied against the person to whom the royalty has been paid.

5. Every person acquiring property in the State of
Nevada to engage in the extraction of minerals and who incurs any of the
expenses mentioned in subsection 3 shall report those expenses and the
recipient of any royalty to the department on forms provided by the department.

6. The several deductions mentioned in subsection 3 do
not include any expenditures for salaries, or any portion of salaries, of any
person not actually engaged in:

(a) The working of the mine;

(b) The operating of the mill, smelter or reduction
works;

(c) The operating of the facilities or equipment for
transportation;

(d) Superintending the management of any of those
operations; or

(e) The State of Nevada, in office, clerical or
engineering work necessary or proper in connection with any of those operations.

Sec. 3. NRS
362.130 is hereby amended to read as follows:

362.130 1. When the department determines from the
annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals
extracted, it shall prepare its certificate of the amount of the net proceeds
and the tax due and shall send a copy to the owner of the mine, operator of the
mine, or recipient of the royalty, as the case may be.

2. The certificate must be prepared and mailed not later
than April 20 immediately following the month of February during which the
statement was filed.

3. The tax due as indicated in the certificate prepared
pursuant to this section must be paid on or before May 10 of the year in which
the certificate is received.

4. [If the owner of the mine, operator of the mine, or recipient
of the royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the
certificate must indicate any deficiency remaining from the previous calendar
year or any overpayment of the taxes made for the previous calendar year.

5. Any
deficiency remaining from the previous calendar year, as indicated on the
certificate prepared pursuant to this section must be paid on or before May 10
of the year in which the certificate is received.

6.]
If an overpayment was made ,[and subsection 1 or 2 of NRS 362.145 applies to the taxpayer
for the current calendar year or the taxpayer chooses to pay the tax pursuant
to subsection 1 or 2 of NRS 362.145 for the current calendar year,]
the overpayment may be credited toward the payment due on [August 1 of the current
calendar year. If neither subsection 1 nor subsection 2 of NRS 362.145 applies
to the taxpayer for the current calendar year and the tax is paid on or before]
May 10 of the next calendar year .[, the overpayment may be credited toward that payment.]
If the certificate prepared pursuant to this section shows a net loss for the
year covered by the certificate or an amount of tax due for that year which is
less than an overpayment made for the preceding year, the amount or remaining
amount of the overpayment must be refunded to the taxpayer within 30 days after
the certification was sent to the taxpayer.

Sec. 4. NRS 362.170 is hereby amended to read as
follows:

362.170 1. There is hereby appropriated to each county
the total of the amounts obtained by multiplying, for each extractive operation
situated within the county, the net proceeds of that operation and any
royalties paid by that operation, by the combined rate of tax ad valorem,
excluding any rate levied by the State of Nevada, for property at that site,
plus a pro rata share of any penalties and interest collected by the department
for the late payment of taxes distributed to the county. The department shall
report to the state controller on or before [February 28,]
May 25 [and August 15] of each year the amount
appropriated to each county, as calculated for each operation from the final
statement made in February of that year for the preceding calendar year .

calendar year .[and the statements filed pursuant to NRS 362.145.]
The state controller shall distribute all money due to a county on or before [March
5,] May 30 [and August 20] of each year.

2. The county treasurer shall apportion to each local
government or other local entity an amount calculated by:

(a) Determining the total of the amounts obtained by
multiplying, for each extractive operation situated within its jurisdiction,
the net proceeds of that operation and any royalty payments paid by that
operation, by the rate levied on behalf of that local government or other local
entity;

(b) Adding to the amount determined pursuant to paragraph
(a) a pro rata share of any penalties and interest collected by the department
for the late payment of taxes distributed to that local government or local
entity; and

(c) Subtracting from the amount determined pursuant to
paragraph (b) a [percentage] commission of 3 percent of
that amount which must be deposited in the county general fund.

3. The amounts apportioned pursuant to subsection 2,
including, without limitation, the amount retained by the county and excluding
the percentage commission, must be applied to the uses for which each levy was
authorized in the same proportion as the rate of each levy bears to the total
rate.

4. The department shall report to the state controller on or
before May 25 of each year the amount received as tax upon the net proceeds of
geothermal resources which equals the product of those net proceeds multiplied
by the rate of tax levied ad valorem by the State of Nevada.

Sec. 5. NRS 362.145 is hereby repealed.

Sec. 6. This act becomes effective upon passage and
approval.

________

CHAPTER 123, AB 400

Assembly Bill No.
400Committee on Judiciary

CHAPTER 123

AN ACT relating to crimes; revising the crime of
aggravated stalking; revising provisions concerning where crimes of harassment,
stalking and aggravated stalking are deemed to have been committed; and
providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 193.1675 is hereby amended to
read as follows:

193.1675 1. Except as otherwise provided in NRS
193.169, any person who willfully violates any provision of NRS 200.280,
200.310, 200.366, 200.380, 200.400, 200.460, 200.465, paragraph (b) of
subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or [paragraph (a) of]
subsection 2 of NRS 200.575 because the actual or perceived race, color,
religion, national origin, physical or mental disability or sexual orientation
of the victim was different from that characteristic of the perpetrator, may be
punished by imprisonment in the state prison for an additional term not to
exceed 25 percent of the term of imprisonment prescribed by statute for the
crime.

2. This section does not create a separate offense but
provides an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.

Sec. 2. NRS 200.575 is hereby amended to read
as follows:

200.575 1. A person who, without lawful authority,
willfully or maliciously engages in a course of conduct that would cause a
reasonable person to feel terrorized, frightened, intimidated or harassed, and
that actually causes the victim to feel terrorized, frightened, intimidated or
harassed, commits the crime of stalking. Except where the provisions of
subsection 2 are applicable, a person who commits the crime of stalking:

(a) For the first offense, is guilty of a misdemeanor.

(b) For any subsequent offense, is guilty of a gross
misdemeanor.

2. A person who[:

(a) Commits]commits the crime of
stalking and in conjunction therewith threatens the person with the intent to
cause him to be placed in reasonable fear of death or substantial bodily harm[;

(b) Commits
the crime of stalking on his spouse while a proceeding for the dissolution of
their marriage is pending for which he has actual or legal notice or within 6
months after entry of the final decree of dissolution; or

(c) Commits
the crime of stalking on a person with whom he has a child in common while a
proceeding for the custody of that child is pending for which he has actual or
legal notice,]commits the crime of aggravated stalking.

[3.] A person who commits the crime of
aggravated stalking shall be punished[:

(a) If he
commits the crime set forth in paragraph (a) of subsection 2,]
for a category B felony by imprisonment in the state prison for a minimum term
of not less than 2 years and a maximum term of not more than 15 years, and may
be further punished by a fine of not more than $5,000.

[(b) If he commits the crime set forth in paragraph (b) or (c)
of subsection 2:

(1) For
the first offense, for a gross misdemeanor.

(2) For
the second and any subsequent offense, for a category B felony by imprisonment
in the state prison for a minimum term of not less than 2 years and a maximum
term of not more than 15 years, and may be further punished by a fine of not
more than $5,000.

4.]3. Except as
otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided
for in this section may be imposed in addition to any penalty that may be
imposed for any other criminal offense arising from the same conduct or for any
contempt of court arising from the same conduct.

[5.]4. The penalties provided in this section do
not preclude the victim from seeking any other legal remedy available.

[6.]5. As used in this section:

(a) Course of conduct means a pattern of conduct which
consists of a series of acts over time that evidences a continuity of purpose
directed at a specific person.

(b) Without lawful authority includes acts which are
initiated or continued without the victims consent. The term does not include
acts which are otherwise protected or authorized by constitutional or statutory
law, regulation or order of a court of competent jurisdiction, including, but
not limited to:

(1) Picketing which occurs during a strike, work
stoppage or any other labor dispute.

(2) The activities of a reporter, photographer,
cameraman or other person while gathering information for communication to the
public if that person is employed or engaged by or has contracted with a
newspaper, periodical, press association or radio or television station and is
acting solely within that professional capacity.

(3) The activities of a person that are carried out
in the normal course of his lawful employment.

(4) Any activities carried out in the exercise of
the constitutionally protected rights of freedom of speech and assembly.

Sec. 3. NRS 200.581 is hereby amended to read as
follows:

200.581 Harassment, stalking or aggravated stalking
shall be deemed to have been committed where the conduct occurred or[, in the case of
harassment or aggravated stalking involving a threat, at the place from which
the threat was made or at the place where the threat was received.] where the person who was affected by the
conduct was located at the time that the conduct occurred.

Sec. 4. The amendatory provisions of this act do not
apply to offenses committed before October 1, 2001.

________

CHAPTER 124, AB 427

Assembly Bill No.
427Assemblyman Hettrick

CHAPTER 124

AN ACT relating to state purchasing; revising the
requirements for a request for proposals for a contract for state purchasing;
revising the manner in which such a contract is awarded; and providing other
matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 333 of NRS is hereby amended
by adding thereto a new section to read as follows:

Each request for
proposals must include minimum requirements that the successful bidder must
meet for the awarding of a contract pursuant to the provisions of this chapter.
A contract may not be awarded to a bidder who does not comply with the
requirements set forth in the request for proposals.

Sec. 2. NRS 333.335 is hereby amended to read as
follows:

333.335 1. Each proposal must be evaluated by:

(a) The chief of the using agency, or a committee
appointed by the chief of the using agency in accordance with the regulations
adopted pursuant to NRS 333.135, if the proposal is for a using agency; or

(b) The chief of the purchasing division, or a committee
appointed by the chief in accordance with the regulations adopted pursuant to
NRS 333.135, if he is responsible for administering the proposal.

2. A committee appointed pursuant to subsection 1 must
consist of not less than two members. A majority of the members of the
committee must be state officers or employees. The committee may include
persons who are not state officers or employees and possess expert knowledge or
special expertise that the chief of the using agency or the chief of the
purchasing division determines is necessary to evaluate a proposal. The members
of the committee are not entitled to compensation for their service on the
committee, except that members of the committee who are state officers or
employees are entitled to receive their salaries as state officers and
employees. No member of the committee may have a financial interest in a
proposal.

3. In making an award, the chief of the using agency,
the chief of the purchasing division or each member of the committee, if a
committee is established, shall consider and assign a score for each of the
following factors for determining whether the proposal is in the best interests
of the State of Nevada:

(a) The experience and financial stability of the person
submitting a proposal;

(b) Whether the proposal [conforms]complies with the [terms]requirements of the
request for proposals[;] as prescribed in section 1 of this act;

(c) The price of the proposal; and

(d) Any other factor disclosed in the request for
proposals.

4. The chief of the using agency, the chief of the
purchasing division or the committee, if a committee is established, shall
determine the relative weight of each factor set forth in subsection 3 before a
request for proposals is advertised. The weight of each factor must not be
disclosed before the date proposals are required to be submitted.

5. The chief of the using agency, the chief of the
purchasing division or the committee, if a committee is established, shall
award the contract based on the best interests of the state , as determined by the total scores
assigned pursuant to subsection 3, and is not required to accept
the lowest-priced proposal.

6. Each proposal evaluated pursuant to the provisions of
this section is confidential and may not be disclosed until the contract is
awarded.

Sec. 3. This act becomes effective on July 1, 2001.

________

κ2001
Statutes of Nevada, Page 668κ

CHAPTER 125, AB 476

Assembly Bill No.
476Assemblyman Dini (by request)

CHAPTER 125

AN ACT relating to motor vehicles; authorizing the
department of motor vehicles and public safety to reinstate the registration of
a motor vehicle that was suspended for lack of insurance under certain
circumstances; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.480 is hereby amended to
read as follows:

482.480 There must be paid to the department for the
registration or the transfer or reinstatement of the registration of motor
vehicles, trailers and semitrailers, fees according to the following schedule:

1. Except as otherwise provided in this section, for
each stock passenger car and each reconstructed or specially constructed
passenger car registered to a person, regardless of weight or number of
passenger capacity, a fee for registration of $33.

2. Except as otherwise provided in subsection 3:

(a) For each of the fifth and sixth such cars registered
to a person, a fee for registration of $16.50.

(b) For each of the seventh and eighth such cars
registered to a person, a fee for registration of $12.

(c) For each of the ninth or more such cars registered to
a person, a fee for registration of $8.

3. The fees specified in subsection 2 do not apply:

(a) Unless the person registering the cars presents to
the department at the time of registration the registrations of all of the cars
registered to him.

(b) To cars that are part of a fleet.

4. For every motorcycle, a fee for registration of $33
and for each motorcycle other than a trimobile, an additional fee of $6 for
motorcycle safety. The additional fee must be deposited in the state highway
fund for credit to the account for the program for the education of motorcycle
riders.

5. For each transfer of registration, a fee of $6 in
addition to any other fees.

6. [To]Except as otherwise provided in
subsection 8 of NRS 485.317, to reinstate the registration of a
motor vehicle suspended pursuant to [NRS 485.317:] that section:

(a) A fee of $250
for a registered owner who failed to have insurance on the date specified in
the form for verification that was mailed by the department pursuant to
subsection 2 of NRS 485.317; or

(b) A fee of $50
for a registered owner of a dormant vehicle who canceled the insurance coverage
for that vehicle or allowed the insurance coverage for that vehicle to expire
without first canceling the registration for the vehicle in accordance with
subsection 3 of NRS 485.320,

both of which must be
deposited in the account for verification of insurance which is hereby created
in the state highway fund. [Money]The money in the account must be used to carry
out the provisions of NRS 485.313 to 485.318, inclusive.

8. For every permit for the operation of a golf cart, an
annual fee of $10.

9. For every low-speed vehicle, as that term is defined
in NRS 484.527, a fee for registration of $33.

10. To reinstate the registration of a motor vehicle
that is suspended pursuant to NRS 482.451, a fee of $33.

Sec. 2. NRS 485.317 is hereby amended to read as
follows:

485.317 1. The department shall, at least monthly,
compare the current registrations of motor vehicles to the information in the
database created pursuant to NRS 485.313 to verify that each motor vehicle:

(a) Which is newly registered in this state; or

(b) For which a policy of liability insurance has been
issued, amended or terminated,

is covered by a policy of liability insurance as required by
NRS 485.185. In identifying a motor vehicle for verification pursuant to this
subsection, the department shall, if the motor vehicle was manufactured during
or after 1981, use only the vehicle identification number, in whole or in part.

2. The department shall send a form for verification by
first-class mail to each registered owner that it determines has not maintained
the insurance required by NRS 485.185. The owner shall complete the form with
all the information which is requested by the department, including whether he
carries an owners or operators policy of liability insurance or a certificate
of self-insurance, and return the completed form within 20 days after the date
on which the form was mailed by the department. If the department does not
receive the completed form within 20 days after it mailed the form to the
owner, the department shall send to the owner a second form for verification by
certified mail. The owner shall complete the form and return it to the
department within 15 days after the date on which it was sent by the
department. This subsection does not prohibit an authorized agent of the owner
from providing to the department:

(a) The information requested by the department pursuant
to this subsection.

(b) Additional information to amend or correct
information already submitted to the department pursuant to this subsection.

3. When the department receives a completed form for
verification it shall verify the information on the form.

4. The department shall suspend the registration and
require the return to the department of the license plates of any vehicle for
which:

(a) Neither of the forms for verification set forth in
subsection 2 is returned to the department by the registered owner or his
authorized agent within the period specified in that subsection;

(b) Either of the forms for verification set forth in subsection
2 is returned to the department by the registered owner or his authorized agent
and the department is not able to verify the information on the form; or

(c) Either of the forms for verification set forth in
subsection 2 is returned by the registered owner or his authorized agent with
an admission of having no insurance or without indicating an insurer or the
number of a motor vehicle liability policy or a certificate of self-insurance.

5. If the department suspends a registration pursuant to
subsection 4 because:

(a) Neither the owner nor his authorized agent returned a
form for verification within the specified period or the owner or his
authorized agent returned a form for verification that was not completed
sufficiently, and the owner or his authorized agent, thereafter:

(1) Proves to the satisfaction of the department
that there was a justifiable cause for his failure to do so;

(2) Submits a completed form regarding his insurance
on the date stated in the form mailed by the department pursuant to subsection
2; and

(3) Presents evidence of current insurance; or

(b) The owner or his authorized agent submitted to the
department a form for verification containing information that the department
was unable to verify and, thereafter, the owner or his authorized agent
presents to the department:

(1) A corrected form or otherwise verifiable
evidence setting forth that the owner possessed insurance on the date stated in
the form; and

(2) Evidence of current insurance,

the department shall rescind its suspension of the
registration if it is able to verify the information on the form or the other
evidence presented. The department shall not charge a fee to reinstate a
registration, the suspension of which was rescinded pursuant to this
subsection. For the purposes of this subsection, justifiable cause may
include, but is not limited to, the fact that the owner did not receive the
form mailed by the department pursuant to subsection 2.

6. Except as otherwise provided in [subsection 7,]subsections 7 and 8,
if a registered owner whose registration is suspended pursuant to subsection 4,
failed to have insurance on the date specified in the form for verification,
the department shall reinstate the registration of the vehicle and reissue the
license plates only upon filing by the registered owner of evidence of current
insurance and payment of the fee for reinstatement of registration prescribed
in paragraph (a) of subsection 6 of NRS 482.480.

7. If a
registered owner proves to the satisfaction of the department that his vehicle
was a dormant vehicle during the period in which the information provided
pursuant to NRS 485.314 indicated that there was no insurance for the vehicle,
the department shall reinstate his registration and, if applicable, reissue his
license plates. If such an owner of a dormant vehicle failed to cancel the
registration for the vehicle in accordance with subsection 3 of NRS 485.320,
the department shall not reinstate his registration or reissue his license
plates unless the owner pays the fee set forth in paragraph (b) of subsection 6
of NRS 482.480.

8. If the department suspends the registration
of a motor vehicle pursuant to subsection 4 because the registered owner of the
motor vehicle failed to have insurance on the date specified in the form for
verification, and if the registered owner, in accordance with regulations
adopted by the department, proves to the satisfaction of the department that he
was unable to comply with the provisions of NRS 485.185 on that date because of
extenuating circumstances, the department may:

(a) Reinstate the registration of the motor vehicle and
reissue the license plates upon payment by the registered owner of a fee of
$50, which must be deposited in the account for verification of insurance
created by subsection 6 of NRS 482.480; or

(b) Rescind the suspension of the registration without
the payment of a fee.

The department shall adopt regulations to carry out the
provisions of this subsection.

9. For
the purposes of verification of insurance by the department pursuant to this
section, a registered owner shall not be deemed to have failed to maintain
liability insurance for a motor vehicle unless the vehicle is without coverage
for a period of more than 7 days.

Sec. 3. The amendatory provisions of this act do not
apply to conduct that occurred before July 1, 2001.

AN ACT relating to candidates for office; allowing an
elector to challenge the legal qualifications of certain candidates for office;
providing that a candidate for office is deemed to have designated the filing
officer for his office as his agent for service of process for such challenges;
revising the form for declaration or acceptance of candidacy; providing that a
candidate who files certain false documents is removed from the ballot and
disqualified from his office; and providing other matters properly relating
thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 293 of NRS is hereby amended
by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1.
After a person files a declaration of candidacy or an acceptance of candidacy
to be a candidate for an office, and not later than 5 days after the last day
the person may withdraw his candidacy pursuant to NRS 293.202, an elector may
file with the filing officer for the office a written challenge of the person
on the grounds that the person fails to meet any qualification required for the
office pursuant to the constitution or a statute of this state, including,
without limitation, a requirement concerning age or residency. Before accepting
the challenge from the elector, the filing officer shall notify the elector
that if the challenge is found by a court to be frivolous, the elector may be
required to pay the reasonable attorneys fees and court costs of the
challenged person.

2. A challenge
filed pursuant to subsection 1 must:

(a) Indicate each
qualification the person fails to meet;

(b) Have attached
all documentation and evidence supporting the challenge; and

(c) Be in the
form of an affidavit, signed by the elector under penalty of perjury.

3. Upon receipt
of a challenge pursuant to subsection 1:

(a) The secretary
of state shall immediately transmit the challenge to the attorney general.

(b) A filing
officer other than the secretary of state shall immediately transmit the
challenge to the district attorney.

4. If the
attorney general or district attorney determines that probable cause exists to
support the challenge, the attorney general or district attorney shall, not
later than 5 working days after receiving the challenge, petition a court of
competent jurisdiction to order the person to appear before the court. Upon
receipt of such a petition, the court shall enter an order directing the person
to appear before the court at a hearing, at a time and place to be fixed by the
court in the order, to show cause why the challenge is not valid. A certified
copy of the order must be served upon the person. The court shall give priority
to such proceedings over all other matters pending with the court, except for
criminal proceedings.

5. If, at the
hearing, the court determines by a preponderance of the evidence that the
challenge is valid or that the person otherwise fails to meet any qualification
required for the office pursuant to the constitution or a statute of this
state, or if the person fails to appear at the hearing:

(a) The name of
the person must not appear on any ballot for the election for the office for
which he filed the declaration of candidacy or acceptance of candidacy; and

(b) The person is
disqualified from entering upon the duties of the office for which he filed the
declaration of candidacy or acceptance of candidacy.

6. If, at the
hearing, the court determines that the challenge is frivolous, the court may
order the elector who filed the challenge to pay the reasonable attorneys fees
and court costs of the challenged person.

Sec. 3. In addition to any other penalty provided by law, if a
person knowingly and willfully files a declaration of candidacy or acceptance
of candidacy which contains a false statement:

1. The name of
the person must not appear on any ballot for the election for which he filed
the declaration of candidacy or acceptance of candidacy; and

2. The person is
disqualified from entering upon the duties of the office for which he was a
candidate.

Sec. 4. NRS 293.175 is hereby amended to read as
follows:

293.175 1. The primary election must be held on the
first Tuesday of September in each even-numbered year.

2. Candidates for partisan office of a major political
party and candidates for nonpartisan office must be nominated at the primary
election.

3. Candidates for partisan office of a minor political
party must be nominated in the manner prescribed pursuant to NRS 293.171 to
293.174, inclusive.

4. Independent candidates for partisan office must be
nominated in the manner provided in NRS 293.200.

5. The provisions of NRS 293.175 to 293.203, inclusive, and sections 2 and 3 of this act do
not apply to:

(a) Special elections to fill vacancies.

(b) The nomination of the officers of incorporated
cities.

(c) The nomination of district officers whose nomination
is otherwise provided for by statute.

Sec. 5. NRS 293.1755 is hereby amended to read as
follows:

293.1755 1. In addition to any other requirement
provided by law, no person may be a candidate for any office unless, for at
least the 30 days immediately preceding the date of the close of filing of
declarations of candidacy or acceptances of candidacy for the office which he
seeks, he has, in accordance with NRS 281.050, actually, as opposed to
constructively, resided in the state, district, county, township or other area
prescribed by law to which the office pertains and, if elected, over which he
will have jurisdiction or which he will represent.

2. Any person who knowingly and willfully files an
acceptance of candidacy or declaration of candidacy which contains a false
statement in this respect is guilty of a gross misdemeanor.

3. [Any person convicted pursuant to the provisions of this
section is disqualified from entering upon the duties of the office for which
he was a candidate.

4.]
The provisions of this section do not apply to candidates for the office of
district attorney.

Sec. 6. NRS 293.177 is hereby amended to read as follows:

293.177 1. Except as otherwise provided in NRS 293.165,
a name may not be printed on a ballot to be used at a primary election unless
the person named has filed a declaration of candidacy or an acceptance of
candidacy, and paid the fee required by NRS 293.193 not earlier than the first
Monday in May of the year in which the election is to be held nor later than 5
p.m. on the third Monday in May.

2. A declaration of candidacy or an acceptance of candidacy
required to be filed by this section must be in substantially the following
form:

(a) For partisan office:

DECLARATION of CANDIDACY of ........ for the

OFFICE of ................

State of Nevada

County of ........................

For the purpose of having my name placed on the official
ballot as a candidate for the ................ Party nomination for the office
of ........., I, the undersigned ........, do swear or affirm under penalty of
perjury that I actually, as opposed to constructively, reside at .........., in
the City or Town of ......., County of .........., State of Nevada; that my
actual, as opposed to constructive, residence in the state, district, county,
township, city or other area prescribed by law to which the office pertains
began on a date at least 30 days immediately preceding the date of the close of
filing of declarations of candidacy for this office; that my telephone number is .., and the address at which I receive mail, if different than my
residence, is .; that I am registered as a member of the ................

address at which
I receive mail, if different than my residence, is .; that I
am registered as a member of the ................ Party; that I have not, in
violation of the provisions of NRS 293.176, changed the designation of my
political party or political party affiliation on an official application to
register to vote in any state since September 1 before the closing filing date
for this election; that I generally believe in and intend to support the
concepts found in the principles and policies of that political party in the
coming election; that if nominated as a candidate of the ................ Party
at the ensuing election , I
will accept that nomination and not withdraw; that I will not knowingly violate
any election law or any law defining and prohibiting corrupt and fraudulent
practices in campaigns and elections in this state; that I will qualify for the
office if elected thereto, including, but not limited to, complying with any
limitation prescribed by the constitution and laws of this state concerning the
number of years or terms for which a person may hold the office; and that I
understand that my name will appear on all ballots as designated in this
declaration.

..................................................................

(Designation
of name)

..................................................................

(Signature
of candidate for office)

Subscribed and sworn to before

me this ..... day of the month of ........ of the year....

.........................................................

Notary Public or other person

authorized to administer an oath

(b) For nonpartisan office:

DECLARATION of CANDIDACY of ........ for the

OFFICE of ................

State of Nevada

County of.........................

For the purpose of having my name placed on the official
ballot as a candidate for the office of ................, I, the undersigned
................, do swear or affirm under penalty of perjury that I actually,
as opposed to constructively, reside at ........., in the City or Town of
......., County of ........., State of Nevada; that my actual, as opposed to
constructive, residence in the state, district, county, township, city or other
area prescribed by law to which the office pertains began on a date at least 30
days immediately preceding the date of the close of filing of declarations of
candidacy for this office; that my
telephone number is .., and the address at which I receive mail, if different
than my residence, is .; that if nominated as a nonpartisan
candidate at the ensuing election ,
I will accept the nomination and not withdraw; that I will not
knowingly violate any election law or any law defining and prohibiting corrupt
and fraudulent practices in campaigns and elections in this state; that I will
qualify for the office if elected thereto, including, but not limited to,
complying with any limitation prescribed by the constitution
and laws of this state concerning the number of years or terms for which a
person may hold the office; and my name will appear on all ballots as
designated in this declaration.

constitution and laws of this state concerning the number of
years or terms for which a person may hold the office; and my name will appear
on all ballots as designated in this declaration.

..................................................................

(Designation
of name)

..................................................................

(Signature
of candidate for office)

Subscribed and sworn to before

me this ..... day of the month of ........ of the year ....

.........................................................

Notary Public or other person

authorized to administer an oath

3. A person may be a candidate under his given name and
surname, a contraction or familiar form of his given name followed by his
surname or the initial of his given name followed by his surname. A nickname of
not more than 10 letters may be incorporated into a candidates name. The
nickname must be in quotation marks and appear immediately before the
candidates surname. A nickname must not indicate any political, economic,
social or religious view or affiliation and must not be the name of any person,
living or dead, whose reputation is known on a statewide, nationwide or
worldwide basis, or in any other manner deceive a voter regarding the person or
principles for which he is voting.

4. The address of a candidate which must be included in
the declaration of candidacy or acceptance of candidacy pursuant to subsection
2 must be the street address of the residence where he actually, as opposed to
constructively, resides in accordance with NRS 281.050, if one has been
assigned. The declaration or acceptance of candidacy must not be accepted for
filing if the candidates address is listed as a post office box unless a
street address has not been assigned to his residence.

5. By
filing the declaration or acceptance of candidacy, the candidate shall be
deemed to have appointed the filing officer for the office as his agent for
service of process for the purposes of a proceeding pursuant to section 2 of
this act. Service of such process must first be attempted at the appropriate
address as specified by the candidate in the declaration or acceptance of
candidacy. If the candidate cannot be served at that address, service must be
made by personally delivering to and leaving with the filing officer duplicate
copies of the process. The filing officer shall immediately send, by registered
or certified mail, one of the copies to the candidate at his specified address,
unless the candidate has designated in writing to the filing officer a
different address for that purpose, in which case the filing officer shall mail
the copy to the last address so designated.

Sec. 7. Chapter 293C of NRS is hereby amended by
adding thereto the provisions set forth as sections 8 and 9 of this act.

Sec. 8. 1. After
a person files a declaration of candidacy or an acceptance of candidacy to be a
candidate for an office, and not later than 5 working days after the last day
the person may withdraw his candidacy pursuant to NRS 293C.195, an elector may
file with the city clerk a written challenge of the person on the grounds that
the person fails to meet any qualification required for the office pursuant to
the constitution or a statute of this
state, including, without limitation, a requirement concerning age or
residency.

statute of this
state, including, without limitation, a requirement concerning age or
residency. Before accepting the challenge from the elector, the filing officer
shall notify the elector that if the challenge is found by a court to be
frivolous, the elector may be required to pay the reasonable attorneys fees
and court costs of the challenged person.

2. A challenge
filed pursuant to subsection 1 must:

(a) Indicate each
qualification the person fails to meet;

(b) Have attached
all documentation and evidence supporting the challenge; and

(c) Be in the
form of an affidavit, signed by the elector under penalty of perjury.

3. Upon receipt
of a challenge pursuant to subsection 1, the city clerk shall immediately
transmit the challenge to the city attorney.

4. If the city
attorney determines that probable cause exists to support the challenge, the
city attorney shall, not later than 5 days after receiving the challenge,
petition a court of competent jurisdiction to order the person to appear before
the court. Upon receipt of such a petition, the court shall enter an order
directing the person to appear before the court at a hearing, at a time and
place to be fixed by the court in the order, to show cause why the challenge is
not valid. A certified copy of the order must be served upon the person. The
court shall give priority to such proceedings over all other matters pending
with the court, except for criminal proceedings.

5. If, at the
hearing, the court determines by a preponderance of the evidence that the
challenge is valid or that the person otherwise fails to meet any qualification
required for the office pursuant to the constitution or a statute of this
state, or if the person fails to appear at the hearing:

(a) The name of
the person must not appear on any ballot for the election for the office for
which he filed the declaration of candidacy or acceptance of candidacy; and

(b) The person is
disqualified from entering upon the duties of the office for which he filed the
declaration of candidacy or acceptance of candidacy.

6. If, at the
hearing, the court determines that the challenge is frivolous, the court may
order the elector who filed the challenge to pay the reasonable attorneys fees
and court costs of the challenged person.

Sec. 9. In addition to any other penalty provided by law, if a
person knowingly and willfully files a declaration of candidacy or acceptance
of candidacy which contains a false statement:

1. The name of
the person must not appear on any ballot for the election for which he filed
the declaration of candidacy or acceptance of candidacy; and

2. The person is
disqualified from entering upon the duties of the office for which he was a
candidate.

Sec. 10.NRS 293C.185
is hereby amended to read as follows:

293C.185 1. Except as otherwise provided in NRS
293C.190, a name may not be printed on a ballot to be used at a primary city
election, unless the person named has filed a declaration of candidacy or an
acceptance of candidacy and paid the fee established by the governing body of
the city not earlier than 70 days before the primary city election and not
later than 5 p.m. on the 60th day before the primary city election.

2. A declaration of candidacy required to be filed by
this section must be in substantially the following form:

DECLARATION of CANDIDACY of ........ for the

OFFICE of ................

State of Nevada

City of ..............................

For the purpose of having my name placed on the official
ballot as a candidate for the office of ................, I, the undersigned
................, do swear or affirm under penalty of perjury that I actually,
as opposed to constructively, reside at ......................, in the City or
Town of ................, County of .................., State of Nevada; that
my actual, as opposed to constructive, residence in the city, township or other
area prescribed by law to which the office pertains began on a date at least 30
days immediately preceding the date of the close of filing of declarations of
candidacy for this office; that my
telephone number is .., and the address at which I receive mail, if different
than my residence, is .; that if nominated as a candidate at
the ensuing election I will accept the nomination and not withdraw; that I will
not knowingly violate any election ,
law or any law defining and prohibiting corrupt and fraudulent
practices in campaigns and elections in this state; that I will qualify for the
office if elected thereto, including, but not limited to, complying with any
limitation prescribed by the constitution and laws of this state concerning the
number of years or terms for which a person may hold the office; and my name
will appear on all ballots as designated in this declaration.

..................................................................

(Designation
of name)

..................................................................

(Signature
of candidate for office)

Subscribed and sworn to before

me this ..... day of the month of ......... of the year
......

.........................................................

Notary Public or other person

authorized to administer an oath

3. A person may be a candidate under his given name and
surname, a contraction or familiar form of his given name followed by his
surname or the initial of his given name followed by his surname. A nickname of
not more than 10 letters may be incorporated into a candidates name. The
nickname must be in quotation marks and appear immediately before the
candidates surname. A nickname must not indicate any political, economic,
social or religious view or affiliation and must not be the name of any person,
living or dead, whose reputation is known on a statewide, nationwide or
worldwide basis, or in any other manner deceive a voter concerning the person
or principles for which he is voting.

4. The address of a candidate that must be included in
the declaration or acceptance of candidacy pursuant to subsection 2 must be the
street address of the residence where he actually, as opposed to
constructively, resides in accordance with NRS 281.050, if one has been assigned.
The declaration or acceptance of candidacy must not be accepted for filing if
the candidates address is listed as a post office box unless a street address
has not been assigned to his residence.

5. By filing the
declaration or acceptance of candidacy, the candidate shall be deemed to have
appointed the city clerk as his agent for service of process for the purposes
of a proceeding pursuant to section 8 of this act. Service of such process must
first be attempted at the appropriate address as specified by the candidate in
the declaration or acceptance of candidacy. If the candidate cannot be served
at that address, service must be made by personally delivering to and leaving
with the city clerk duplicate copies of the process. The city clerk shall immediately
send, by registered or certified mail, one of the copies to the candidate at
his specified address, unless the candidate has designated in writing to the
city clerk a different address for that purpose, in which case the city clerk
shall mail the copy to the last address so designated.

Sec. 11. NRS 293C.200 is hereby amended to read as
follows:

293C.200 1. In addition to any other requirement
provided by law, no person may be a candidate for a city office unless, for at
least the 30 days immediately preceding the date of the close of filing of
declarations or acceptances of candidacy for the office that he seeks, he has
in accordance with NRS 281.050, actually, as opposed to constructively, resided
in the city or other area prescribed by law to which the office pertains and,
if elected, over which he will have jurisdiction or which he will represent.

2. Any person who knowingly and willfully files a
declaration of candidacy or an acceptance of candidacy that contains a false
statement in this respect is guilty of a gross misdemeanor.

[3. Any person convicted pursuant to the provisions of this
section is disqualified from entering upon the duties of the office for which
he was a candidate.]

Sec. 12. NRS 283.040 is hereby amended to read as follows:

283.040 1. Every office becomes vacant upon the
occurring of any of the following events before the expiration of the term:

(a) The death or resignation of the incumbent.

(b) The removal of the incumbent from office.

(c) The confirmed insanity of the incumbent, found by a
court of competent jurisdiction.

(d) A conviction of the incumbent of any felony or
offense involving a violation of his official oath or bond or a violation of
NRS 241.040, 293.1755 or 293C.200.

(e) A refusal or neglect of the person elected or
appointed to take the oath of office, as prescribed in NRS 282.010, or, when a
bond is required by law, his refusal or neglect to give the bond within the
time prescribed by law.

(f) Except as otherwise provided in NRS 266.400, the ceasing
of the incumbent to be an actual, as opposed to constructive, resident of the
state, district, county, city, ward or other unit prescribed by law in which
the duties of his office are to be exercised, or from which he was elected or
appointed, or in which he was required to reside to be a candidate for office
or appointed to office.

(g) The neglect or refusal of the incumbent to discharge
the duties of his office for a period of 30 days, except when prevented by
sickness or absence from the state or county, as provided by law. In a county
whose population is less than 10,000, after an incumbent, other than a state
officer, has been prevented by sickness from discharging the duties of his
office for at least 6 months, the district attorney, either on his own volition
or at the request of another person, may petition the district court to declare
the office vacant. If the incumbent holds the office of district attorney, the
attorney general, either on his own volition or at the request of another
person, may petition the district court to declare the office vacant. The
district court shall hold a hearing to determine whether to declare the office
vacant and, in making its determination, shall consider evidence relating to:

(1) The medical condition of the incumbent;

(2) The extent to which illness, disease or physical
weakness has rendered the incumbent unable to manage independently and perform
the duties of his office; and

(3) The extent to which the absence of the incumbent
has had a detrimental effect on the applicable governmental entity.

(h) The decision of a competent tribunal declaring the
election or appointment void or the office vacant.

(i) A
determination pursuant to section 2 or 8 of this act that the incumbent fails
to meet any qualification required for the office.

2. Upon the happening of any of the events described in
subsection 1, if the incumbent fails or refuses to relinquish his office, the
attorney general shall, if the office is a state office or concerns more than
one county, or the district attorney shall, if the office is a county office or
concerns territory within one county, commence and prosecute, in a court of
competent jurisdiction, any proceedings for judgment and decree declaring that
office vacant.

Sec. 13. The provisions of this act do not apply to
conduct that occurred before October 1, 2001.

AN ACT relating to anatomical gifts; requiring the
bureau of consumer protection in the office of the attorney general to
establish certain programs relating to anatomical gifts; creating the
anatomical gift account; requiring the department of motor vehicles and public
safety to provide certain information to a holder of a drivers license or an
identification card issued by the department who wishes to make an anatomical
gift; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 460 of NRS is hereby amended
by adding thereto the provisions set forth as sections 2 to 7, inclusive, of
this act.

Sec. 2. As
used in sections 2 to 7, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3, 4 and 5 have the meanings
ascribed to them in those sections.

Sec. 3. Anatomical
gift has the meaning ascribed to it in NRS 451.513.

Sec. 4. Bureau
means the bureau of consumer protection in the office of the attorney general.

(b) Establish
and carry out local and statewide programs to acknowledge publicly families of
donors;

(c) Prepare
and distribute information relating to anatomical gifts; and

(d) If the
consumers advocate determines that there is sufficient money in the anatomical
gift account created by section 7 of this act, pay the costs for the
transplantation of an organ or tissue, including the cost for any medicine
required as a result of the transplantation.

2. As used in
this section, donor has the meaning ascribed to it in NRS 451.525.

Sec. 7. 1.
The bureau may apply for and accept any gifts, grants, appropriations or
donations to assist the bureau in carrying out programs relating to anatomical
gifts.

2. Any
money received by the bureau for programs relating to anatomical gifts must be
deposited in the state treasury for credit to the anatomical gift account which
is hereby created in the state general fund. The consumers advocate shall
administer the account.

(b) Pay the
costs, not to exceed 5 percent of the average balance of the account for each
fiscal year, incurred by the bureau to administer programs relating to
anatomical gifts.

4. The
money in the account must:

(a) Be
invested as money in other state accounts is invested; and

(b) Remain
in the account and does notrevert to the state general fund at the end of any fiscal
year.

5. Each
claim against the account must be:

(a) Approved
by the consumers advocate before the claim is paid; and

(b) Paid as
other claims against the state are paid.

Sec. 8. NRS 483.340 is hereby amended to read as
follows:

483.340 1. The department shall , upon payment of the required fee , issue to every qualified
applicant a drivers license indicating the type or class of vehicles the
licensee may drive. The license must bear a unique number assigned to the
licensee pursuant to NRS 483.345, the licensees social security number, if he
has one, unless he requests that it not appear on the license, the full name,
date of birth, mailing address[,]
and a brief description of the licensee, and a space upon which the licensee
shall write his usual signature in ink immediately upon receipt of the license.
A license is not valid until it has been so signed by the licensee.

2. The department may issue a drivers license for
purposes of identification only for use by officers of local police and
sheriffs departments, agents of the investigation division of the department
while engaged in special undercover investigations relating to narcotics or
prostitution or for other undercover investigations requiring the establishment
of a fictitious identity, federal agents while engaged in undercover
investigations, investigators employed by the attorney general while engaged in
undercover investigations and agents of the state gaming control board while
engaged in investigations pursuant to NRS 463.140. An application for such a
license must be made through the head of the police or sheriffs department,
the chief of the investigation division, the director of the appropriate
federal agency, the attorney general or the chairman of the state gaming
control board. Such a license is exempt from the fees required by NRS 483.410.
The department, by regulation, shall provide for the cancellation of any such
drivers license upon the completion of the special investigation for which it
was issued.

3. Information pertaining to the issuance of a drivers
license pursuant to subsection 2 is confidential.

4. It is unlawful for any person to use a drivers
license issued pursuant to subsection 2 for any purpose other than the special
investigation for which it was issued.

5. At the time of the issuance or renewal of the drivers license, the
department shall [give]:

(a) Give
the holder the opportunity to indicate on his drivers license that he wishes
to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590,
inclusive, or that he refuses to make an anatomical gift of his body or part of
his body[.] ;

(b) Give the
holder the opportunity to indicate whether he wishes to donate $1 or more to
the anatomical gift account created by section 7 of this act; and

(c) Provide
to each holder who is interested in becoming a donor information relating to
anatomical gifts, including the procedure for registration as a donor with The Living Bank International or
its successor organization.

registration as
a donor with The Living Bank International or its successor organization.

6. If the holder
wishes to make a donation to the anatomical gift account, the department shall
collect the donation and deposit the money collected in the state treasury for
credit to the anatomical gift account.

7. The
department shall submit to The Living Bank International, or its successor
organization, information from the records of the department relating to persons
who have drivers licenses that indicate the intention of those persons to make
an anatomical gift. The department shall adopt regulations to carry out the
provisions of this subsection.

Sec. 9. NRS 483.410 is hereby amended to read as
follows:

483.410 1. Except as otherwise provided in subsection
6, for every drivers license, including a motorcycle drivers license, issued
and service performed , the
following fees must be charged:

A license issued to a person 65
years of age or older...................................... $14

An original license issued to
any other person.................................................... 19

A renewal license issued to any
other person...................................................... 19

Reinstatement of a license after
suspension, revocation or cancellation, except a revocation for a violation of
NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385........................................ 40

Reinstatement of a license after
revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS
484.384 and 484.385..................................................................................................................................... 65

A new photograph, change of
name, change of other information, except address, or any combination 5

2. For every motorcycle endorsement to a drivers
license , a fee of
$5 must be charged.

3. If no other change is requested or required, the
department shall not charge a fee to convert the number of a license from the
licensees social security number, or a number that was formulated by using the
licensees social security number as a basis for the number, to a unique number
that is not based on the licensees social security number.

4. The increase in fees authorized by NRS 483.347 and
the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition
to the fees charged pursuant to subsections 1 and 2.

5. A penalty of $10 must be paid by each person renewing
his license after it has expired for a period of 30 days or more as provided in
NRS 483.386 unless he is exempt pursuant to that section.

6. The department may not charge a fee for the
reinstatement of a drivers license that has been:

(a) Voluntarily surrendered for medical reasons; or

(b) Canceled pursuant to NRS 483.310.

7. All fees and penalties are payable to the
administrator at the time a license or a renewal license is issued.

8. Except as otherwise provided in NRS 483.340, 483.415 [,]and 483.840, all money
collected by the department pursuant to this chapter must be deposited in the
state treasury for credit to the motor vehicle fund.

483.840 1. The form of the identification cards must be
similar to that of drivers licenses but distinguishable in color or otherwise.

2. Identification cards do not authorize the operation
of any motor vehicles.

3. Identification cards must include the following
information concerning the holder:

(a) The name and sample signature of the holder.

(b) A unique identification number assigned to the holder
that is not based on the holders social security number.

(c) A personal description of the holder.

(d) The date of birth of the holder.

(e) The current address of the holder in this state.

(f) A colored photograph of the holder in full face if he
is 21 years of age or older, or a colored photograph in profile if he is under
21 years of age.

4. At the time of the issuance of the identification
card, the department shall [give]:

(a) Give the
holder the opportunity to indicate on his identification card that he wishes to
be a donor of all or part of his body pursuant to NRS 451.500 to 451.590,
inclusive, or that he refuses to make an anatomical gift of his body or part of
his body [.] ;

(b) Give the
holder the opportunity to indicate whether he wishes to donate $1 or more to
the anatomical gift account created by section 7 of this act; and

(c) Provide
to each holder who is interested in becoming a donor information relating to
anatomical gifts, including the procedure for registration as a donor with The
Living Bank International or its successor organization.

5. If the holder
wishes to make a donation to the anatomical gift account, the department shall
collect the donation and deposit the money collected in the state treasury for
credit to the anatomical gift account.

6. The
department shall submit to The Living Bank International, or its successor
organization, information from the records of the department relating to
persons who have identification cards issued by the department that indicate
the intention of those persons to make an anatomical gift. The department shall
adopt regulations to carry out the provisions of this subsection.

7.
As used in this section, photograph has the meaning ascribed to it in NRS
483.125.

Sec. 11. This act becomes effective on July 1, 2001.

________

κ2001
Statutes of Nevada, Page 684κ

CHAPTER 128, AB 535

Assembly Bill No.
535Committee on Judiciary

CHAPTER 128

AN ACT relating to civil practice; reducing the court
filing fees for a petition to adopt a child with special needs; requiring a
court to waive court costs when a petition is filed for the adoption of a child
with special needs; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 19 of NRS is hereby amended
by adding thereto a new section to read as follows:

If the division
of child and family services of the department of human resources, or a
child-placing agency licensed by the division pursuant to chapter 127 of NRS,
consents to the adoption of a child with special needs pursuant to NRS 127.186,
a county clerk shall reduce the total filing fee to not more than $1 for filing
the petition to adopt such a child.

Sec. 2. NRS 19.020 is hereby amended to read as
follows:

19.020 1. At the time of the commencement of every
civil action or other proceeding in the several district courts, the plaintiff
shall pay the clerk of the court in which the action is commenced the sum of
$3, except as otherwise provided[.] by specific statute.

2. At the commencement of any proceeding in any district
court for the purpose of procuring an appointment of administration upon the
estate of any deceased person, or procuring an appointment as guardian, the
party instituting the proceeding shall pay the clerk of the court the sum of
$1.50.

3. Whenever any appeal is taken in a civil action or
proceeding from the judgment or decision of a justices court, or other
tribunal inferior to the district court, the party appealing shall, before the
return to the appeal may be filed in the appellate court, pay to the clerk of
the appellate court the sum of $5.

4. The several fees provided for in this section are
designated as court fees, and no such action may be deemed commenced,
proceedings instituted, nor appeal perfected until the court fees are paid.

Sec. 3. NRS 19.031 is hereby amended to read as
follows:

19.031 1. Except as otherwise provided in subsection 2,
and section 1 of this act, in
each county in which legal services are provided without charge to indigent or
elderly persons through a program for legal aid organized under the auspices of
the State Bar of Nevada, a county or local bar association, a county or
municipal program for legal services or other program funded by this state or
the United States to provide legal assistance, the county clerk shall, on the
commencement of any civil action or proceeding in the district court for which
a filing fee is required, and on the filing of any answer or appearance in any
such action or proceeding for which a filing fee is required, charge and
collect a fee of $25 from the party commencing or appearing in the action or
proceeding. These fees are in addition to any other fees required by law.

2. In each county described in subsection 1, the county
clerk shall, on the commencement of any action provided for in chapter 125 of
NRS, and on the filing of any answer or appearance in any such action, charge
and collect a fee of $14 from the party commencing or appearing in the action.
These fees are in addition to any other fees required by law.

3. On or before the first Monday of each month the
county clerk shall pay over to the county treasurer the amount of all fees
collected by him pursuant to subsections 1 and 2. Except as otherwise provided
in subsection 5, the county treasurer shall remit quarterly to the organization
operating the program for legal services all the money received by him from the
county clerk.

4. The organization operating the program for legal
services shall use any money received pursuant to subsection 3 as follows:

(a) From each $25 collected pursuant to subsection 1:

(1) Fifteen dollars and fifty cents for the benefit
of indigent persons in the county; and

(2) Nine dollars and fifty cents for the benefit of
elderly persons in the county.

(b) From each $14 collected pursuant to subsection 2:

(1) Ten dollars for the benefit of indigent persons
in the county; and

(2) Four dollars for the benefit of elderly persons
in the county.

5. If the county treasurer receives notice from the
state or a political subdivision that an award of attorneys fees or costs has
been made to an organization that receives money pursuant to this section and
has been paid, he shall:

(a) Deduct an amount equal to the award from the amount
to be paid to the organization; and

(b) Remit an equal amount to the state or to the
political subdivision that paid the fees or costs at the time when he would
have paid it to the organization.

6. The fees which are collected from a county must be
used for the benefit of the indigent or elderly persons in that county.

Sec. 4. NRS 19.0313 is hereby amended to read as
follows:

19.0313 1. [In]Except as otherwise provided in section
1 of this act, in a county whose population is 100,000 or more,
the county clerk shall, on the commencement of any civil action or proceeding
in the district court for which a filing fee is required, and on the filing of
any answer or appearance in any such action or proceeding for which a filing
fee is required, charge and collect not less than $5 but not more than $10 from
the party commencing, answering or appearing in the action or proceeding. The
fee required pursuant to this section is in addition to any other fee required
by law.

2. On or before the first Monday of each month the
county clerk shall pay over to the county treasurer the amount of all fees
collected by him pursuant to subsection 1 for use in the programs established
in accordance with NRS 3.500 and 244.1607.

3. [The]Except as otherwise provided in section 1 of this act, the board
of county commissioners of any other county may impose by ordinance an
additional filing fee of not more than $10 to be paid on the commencement of
any civil action or proceeding in the district court for which a filing fee is
required and on the filing of any answer or appearance in any such action or
proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the
county clerk shall account for and pay over to the county treasurer all fees
collected during the preceding month pursuant to this subsection for credit to
an account for dispute resolution in the county general fund.

each month, in a county where this fee has been imposed, the
county clerk shall account for and pay over to the county treasurer all fees
collected during the preceding month pursuant to this subsection for credit to
an account for dispute resolution in the county general fund. The money in the
account must be used only to support a program established pursuant to NRS
3.500 or 244.1607.

Sec. 5. NRS 19.03135 is hereby amended to read as
follows:

19.03135 1. In a county whose population is less than
100,000, the board of county commissioners may, in addition to any other fee
required by law, impose by ordinance a filing fee of not more than $10 to be
paid on the commencement of any civil action or proceeding in the district
court for which a filing fee is required and on the filing of any answer or
appearance in any such action or proceeding for which a filing fee is required[.] , except as otherwise required pursuant
to section 1 of this act.

2. On or before the fifth day of each month, in a county
where a fee has been imposed pursuant to subsection 1, the clerk of the court
shall account for and pay over to the county treasurer any such fees collected
by him during the preceding month for credit to an account for programs for the
prevention and treatment of the abuse of alcohol and drugs in the county
general fund. The money in that account must be used only to support programs
for the prevention or treatment of the abuse of alcohol or drugs which may
include, without limitation, any program of treatment for the abuse of alcohol
or drugs established in a judicial district pursuant to NRS 453.580.

Sec. 6. NRS 19.0315 is hereby amended to read
as follows:

19.0315 1. [On]Except as otherwise provided in section
1 of this act, on the commencement of any civil action or
proceeding in the district court for which a filing fee is required, and on the
filing of any answer or appearance in any such action or proceeding for which a
filing fee is required, the county clerk shall charge and collect a fee of $5
from the party commencing, answering or appearing in the action or proceeding.
These fees are in addition to any other fee required by law.

2. On or before the first Monday of each month, the
county clerk shall pay over to the county treasurer the amount of all fees
collected by him pursuant to subsection 1 for credit to an account for programs
of arbitration in the county general fund. The money in the account must be
used only to support programs for the arbitration of civil actions pursuant to
NRS 38.250.

3. The provisions of this section apply only in judicial
districts in which a program of arbitration has been established pursuant to
NRS 38.250.

Sec. 7. NRS 19.050 is hereby amended to read as
follows:

19.050 [When]Except as otherwise provided in subsection 8 of NRS 127.186,
when by law any publication is required to be made by a county
clerk of any suit, process, notice, order or other paper, the cost of such
publication shall, if demanded, be tendered by the party to whom such order,
process, notice or other paper was granted before the county clerk shall be
compelled to make publication thereof.

Sec. 8. NRS 127.186 is hereby amended to read as
follows:

127.186 1. The division, or a child-placing agency
licensed by the division pursuant to this chapter, may consent to the adoption
of a child under 18 years of age with special needs due to race, age or
physical or mental problems who is in the custody of the division or the
licensed agency by proposed adoptive parents when, in the judgment of the division
or the licensed agency, it would be in the best interests
of the child to be placed in that adoptive home.

licensed agency, it would be in the best interests of the
child to be placed in that adoptive home.

2. The division or child-placing agency shall determine
whether a child has special needs and notify the proposed adoptive parents of a
child who is determined to have special needs:

(a) That they may be eligible for a grant of financial
assistance pursuant to this section if the petition for adoption is granted;
and

(b) The manner in which to apply for such financial
assistance.

3. The division may grant financial assistance for
attorneys fees [and court costs] in the adoption
proceeding, for maintenance and for preexisting physical or mental conditions
to the adoptive parents out of money provided for that purpose if the
administrator of the division has reviewed and approved in writing the proposed
adoption and grant of assistance.

4. The grant of financial assistance must be limited,
both as to amount and duration, by agreement in writing between the division
and the adoptive parents. The agreement does not become effective until the
entry of the order of adoption.

5. Any grant of financial assistance must be reviewed
and evaluated at least once annually by the division. The evaluation must be
presented for approval to the administrator of the division. Financial
assistance must be discontinued immediately upon written notification to the
adoptive parents by the division that continued assistance is denied.

7. Neither a grant of financial assistance pursuant to
this section nor any discontinuance of such assistance affects the legal status
or respective obligations of any party to the adoption.

8. A court
shall waive all court costs of the proposed adoptive parents in an adoption
proceeding for a child with special needs if the division or child-placing
agency consents to the adoption of such a child pursuant to this section.

Sec. 9. The amendatory provisions of this act do not
apply to a petition for adoption filed before October 1, 2001.

________

κ2001
Statutes of Nevada, Page 688κ

CHAPTER 129, AB 538

Assembly Bill No.
538Committee on Government Affairs

CHAPTER 129

AN ACT relating to metropolitan police departments;
authorizing a sheriff to adopt certain policies, procedures, rules and
regulations for the administration of a metropolitan police department; and
providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 280 of NRS is hereby amended
by adding thereto a new section to read as follows:

The sheriff
of the county in which a department is located may adopt such policies,
procedures, rules and regulations for the administration of the department and
the employees of the department as he deems appropriate without obtaining the
approval of the board or the committee. Such policies, procedures, rules and
regulations must not conflict with the regulations prepared by the board and
adopted by the committee pursuant to subsection 4 of NRS 280.310.

Sec. 2. NRS 280.310 is hereby amended to read as
follows:

280.310 1. Each department shall have a system of civil
service, applicable to and governing all employees of the department except
elected officers and such other positions as designated by the committee.

2. The system of civil service must be governed by a
board composed of five civil service trustees appointed by the committee. Upon
creation of the board, the committee shall appoint one trustee for a term of 2
years, two trustees for terms of 3 years and two trustees for terms of 4 years.
Thereafter the terms of all trustees are 4 years.

3. The members of the board may administer any oath or
affirmation necessary in discharging its duties. The board may issue subpoenas
in the discharge of its duties in the same manner as a subpoena is issued in a
civil action.

4. The board shall prepare regulations governing the
system of civil service to be adopted by the committee. The regulations must
provide for:

(a) Examination of potential employees;

(b) Recruitment and placement procedures;

(c) Classification of positions; and

(d) Procedures for promotion, disciplinary actions and
removal of employees . [;
and

(e) Such
other matters as the board may consider necessary.]

5. Copies of the regulations of the system of civil
service must be distributed to all employees of the department.

6. The sheriff shall designate a personnel officer to
administer the personnel functions of the department according to the policies
and regulations of the board . [,
including, but not limited to, the items enumerated in subsection 4.]

7. In any hearing or other proceeding conducted by the
board, an employee of the department, may represent himself or be represented
by any person of the employees own choosing.

Sec. 3. This act becomes effective on July 1, 2001.

________

CHAPTER 130, AB 542

Assembly Bill No.
542Committee on Government Affairs

CHAPTER 130

AN ACT relating to state purchasing; requiring the state
board of examiners to establish, by regulation, the original cost of certain
personal property of the state; creating the surplus property administration
account in the state purchasing fund; and providing other matters properly
relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 333.220 is hereby amended to
read as follows:

333.220 1. The chief shall:

(a) Provide for classification of the personal property
of the state in the possession of the using agencies.

(b) Establish a process for identification of all such
property.

(c) Maintain records of [such]that property.

(d) Except as otherwise provided in this paragraph,
determine which items of [such]that property must be listed by each using
agency pursuant to subsection 4. Any item which had an original cost of [$500
or more]not
less than the amount established by regulation of the state board of examiners and
which has a useful life of more than 2 years must be included on the list.

2. Each using agency shall submit to the purchasing
division a list on or before the last day of each month of all personal
property for which it is responsible which was lost, stolen, exchanged or
deemed excess. The list must include all forfeited personal property which was
received by the using agency and all personal property which was donated to the
using agency within the previous month. The list must be prepared by the
officer entrusted with custody of the property and be approved by the officers
supervisor or the head of his department or agency. A monthly physical count is
not required for the preparation of the list.

3. The chief may transfer any personal property or
forfeited personal property in the possession of a using agency to another
governmental agency within the state or to an entity that is eligible to
acquire federal donable surplus property, if that property is not necessary for
the use of the using agency.

4. The records of personal property of the state must be
maintained at all times to show the officers entrusted with the custody thereof
and transfers of [such]that property between those officers. Each
using agency shall conduct an annual physical count of all personal property
charged to it and reconcile the results of the annual physical count with the
records of inventory maintained by the chief. The chief shall maintain the
current records of inventory for each state agency.

(a) Prescribe the procedure by which personal property
may be condemned and disposed of, if of no further use to the state.

(b) Provide that condemned property which the chief has
not transferred to another governmental agency or entity that is eligible to
acquire federal donable surplus property and which has an appraised value over
$1,000 may be sold at a public auction. At least once within 15 days before the
auction, the chief shall publish or cause to be published in a newspaper
circulated in the area in which the sale is made a notice of the auction and a
description of the property to be sold.

6. For the purposes of sale, the chief or his designated
agent shall determine the value of personal property which is of no further use
to the state. The chief may request the assistance of any department or officer
having technical expertise regarding any such property to determine the value
of the property.

7. The chief may elect to refurbish, in whole or in
part, personal property which is of no further use to the state if the chief
determines that refurbishment will increase the value of the property in an
amount that exceeds the cost of the refurbishment. The purchasing division is
entitled to reimbursement for the cost of refurbishment from the proceeds of
the sale of the property.

Sec. 2. NRS 333.300 is hereby amended to read as
follows:

333.300 1. Except as otherwise provided in NRS 333.375,
the chief shall give reasonable notice, by advertising and by written notice [mailed]provided to persons[, firms or corporations]
in a position to furnish the classes of commodities involved, as shown by its
records, of all proposed purchases of supplies, materials and equipment to be
purchased in accordance with a schedule prepared in conformity with the
provisions of NRS 333.250.

2. All such materials, supplies and equipment, except as
otherwise provided in this section, [when]if the estimated
cost thereof exceeds $25,000, must be purchased by formal contract from the
lowest responsible bidder after [due] notice inviting the submission of
sealed proposals to the chief of the purchasing division at the date, hour and
location set forth in the proposal, and at that date, hour and location the
proposals must be publicly opened. The purchasing division may reject any or
all proposals, or may accept the proposal determined best for the interest of
the state. The notice must be published as [outlined]prescribed in NRS
333.310.

3. In case of emergencies caused by acts of God or the
national defense or other unforeseeable circumstances, the provisions for
advertisements on competitive bids may be waived by the chief, but every effort
must be made to secure the maximum competitive bidding under the circumstances.
In no case may contracts be awarded until every possible effort has been made
to secure at least three bona fide competitive bids.

4. In awarding contracts for the purchase of supplies,
materials and equipment, [whenever]if two or more lowest bids are identical, the
chief shall:

(a) If the lowest bids are by bidders resident in the
State of Nevada, accept the proposal which, in his discretion, is in the best
interests of this state.

(b) If the lowest bids are by bidders resident outside
the State of Nevada:

(1) Accept the proposal of the bidder who will
furnish goods or commodities produced or manufactured in this state; or

(2) Accept the proposal of the bidder who will
furnish goods or commodities supplied by a dealer resident in the State of
Nevada.

Sec. 3. NRS 333.490 is hereby amended to read
as follows:

333.490 1. The chief shall secure, warehouse and
distribute throughout the state federal donable surplus property to
tax-supported or nonprofit schools and other health and educational
institutions, to organizations for emergency management, to volunteer fire
departments, and to such other institutions or activities as are eligible
pursuant to federal law to acquire such property. The chief may make such
certifications, develop and sign such plans of operation, take such action and
enter into such contracts and undertakings for and in the name of the state as
are authorized or required by federal law or regulations in connection with the
receipt, warehousing and distribution of federal donable surplus property
received by him. [He]The chief may adopt regulations, prescribe
requirements[,]
and take the necessary action to [assure]ensure maximum utilization
by and benefit to eligible institutions and organizations from the federal
donable surplus property. [He]The chief shall charge the schools and
institutions receiving donable surplus property secured through the purchasing
division, the charge to be a percentage of the cost of acquisition or of the
fair value of the item requested that
is sufficient to repay part or all of the cost of transportation
and other costs incurred in acquisition of the property.

2. All money received by the chief pursuant to this
section must be deposited in the state treasury for credit to the surplus
property administration account, which is hereby created in the state [general]purchasing fund. The
interest and income earned on the money in the account must be credited to the
account. All expenses for the distribution of federal surplus property must be
paid from the account as other claims against the state are paid.

3. The chief may discontinue temporarily or terminate
entirely the operation of purchasing and distributing donable surplus property
at any time [when]if there is not a sufficient flow of property
to make continued employment of personnel for this purpose beneficial to the
state.

Sec. 4. On July 1, 2001, or as soon thereafter as is
practicable, the state controller shall transfer the balance in the surplus
property administration account in the state general fund to the surplus
property administration account in the state purchasing fund.

Sec. 5. This act becomes effective on July 1, 2001.

________

κ2001
Statutes of Nevada, Page 692κ

CHAPTER 131, AB 549

Assembly Bill No.
549Committee on Government Affairs

CHAPTER 131

AN ACT relating to water systems; increasing the amount
of general obligation bonds that the state board of finance may issue to
provide grants to publicly owned water systems for capital improvements; and
providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 349.986 is hereby amended to read as
follows:

349.986 The state board of finance shall issue general
obligation bonds of the State of Nevada in the face amount of not more than [$50,000,000]$69,000,000 to
support the purposes of the program. The net proceeds from the sale of the bonds
must be deposited in the fund. The bonds must be redeemed through the
consolidated bond interest and redemption fund.

Sec. 2. This act becomes effective on July 1, 2001.

________

CHAPTER 132, AB 586

Assembly Bill No.
586Committee on Judiciary

CHAPTER 132

AN ACT relating to victims of crime; authorizing a
victim of a sexual assault to obtain a fictitious address from the secretary of
state; providing a penalty; and providing other matters properly relating
thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 217.400 is hereby amended to
read as follows:

217.400 As used in NRS 217.400 to 217.475, inclusive,
unless the context otherwise requires:

1. Dating relationship means frequent, intimate
associations primarily characterized by the expectation of affectional or
sexual involvement. The term does not include a casual relationship or an
ordinary association between persons in a business or social context.

2. Division means the division of child and family
services of the department of human resources.

3. Domestic violence means:

(a) The attempt to cause or the causing of bodily injury
to a family or household member or the placing of the member in fear of
imminent physical harm by threat of force.

(b) Any of the following acts committed by a person
against a family or household member, a person with whom he had or is having a
dating relationship or with whom he has a child in common, or upon his minor
child or a minor child of that person:

(3) Compelling the other by force or threat of force
to perform an act from which he has the right to refrain or to refrain from an
act which he has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless course of
conduct intended to harass the other. Such conduct may include, without
limitation:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private property.

(VI) Carrying a concealed weapon without a
permit.

(6) False imprisonment.

(7) Unlawful entry of the others residence, or
forcible entry against the others will if there is a reasonably foreseeable
risk of harm to the other from the entry.

4. Family or household member means a spouse, a former
spouse, a parent or other adult person who is related by blood or marriage or
is or was actually residing with the person committing the act of domestic
violence.

5. Participant means an adult, child or incompetent
person for whom a fictitious address has been issued pursuant to NRS 217.462 to
217.471, inclusive.

6. Victim of domestic violence includes the dependent
children of the victim.

7. Victim
of sexual assault means a person who has been sexually assaulted as defined in
NRS 200.366 or a person upon whom a sexual assault has been attempted.

Sec. 2. NRS 217.410 is hereby amended to read as
follows:

217.410 In a county whose population is 400,000 or more,
the administrator of the division shall allocate 15 percent of all money
granted to organizations in the county from the account for aid for victims of
domestic violence to an organization in the county which has been specifically
created to assist victims of [rape.]sexual assault. The administrator of the
division has the final authority in determining whether an organization may
receive money pursuant to this [subsection.]section. Any organization which receives money
pursuant to this [subsection]section shall furnish reports to the
administrator of the division as required by NRS 217.460. To be eligible for
this money, the organization must receive at least 15 percent of its money from
sources other than the Federal Government, the state, any local government or
other public body or their instrumentalities. Any goods or services which are
contributed to the organization may be assigned their reasonable monetary value
for the purpose of complying with this requirement.

Sec. 3. NRS 217.462 is hereby amended to read as
follows:

217.462 1. An adult person, a parent or guardian acting
on behalf of a child, or a guardian acting on behalf of an incompetent person
may apply to the secretary of state to have a fictitious address designated by
the secretary of state serve as the address of the adult, child or incompetent
person.

2. An application for the issuance of a fictitious
address must include:

(a) Specific evidence showing that the adult, child or
incompetent person has been a victim of domestic violence or sexual assault before the filing of the
application;

(b) The address that is requested to be kept
confidential;

(c) A telephone number at which the secretary of state
may contact the applicant;

(d) A question asking whether the person wishes to:

(1) Register to vote; or

(2) Change the address of his current registration;

(e) A designation of the secretary of state as agent for
the adult, child or incompetent person for the purposes of:

(1) Service of process; and

(2) Receipt of mail;

(f) The signature of the applicant;

(g) The date on which the applicant signed the
application; and

(h) Any other information required by the secretary of
state.

3. It is unlawful for a person knowingly to attest
falsely or provide incorrect information in the application. A person who
violates this subsection is guilty of a misdemeanor.

4. The secretary of state shall approve an application
if it is accompanied by specific evidence, such as a copy of an applicable
record of conviction, a temporary restraining order or other protective order,
that the adult, child or incompetent person has been a victim of domestic
violence or sexual assault before
the filing of the application.

5. The secretary of state shall approve or disapprove an
application for a fictitious address within 5 business days after the
application is filed.

Sec. 4. NRS 217.464 is hereby amended to read as
follows:

217.464 1. If the secretary of state approves an
application, he shall:

(a) Designate a fictitious address for the participant;
and

(b) Forward mail that he receives for a participant to
the participant.

2. The secretary of state shall not make any records containing
the name,
confidential address or fictitious
address of a participant available for inspection or copying,
unless:

(a) The address is requested by a law enforcement agency,
in which case the secretary of state shall make the address available to the
law enforcement agency; or

(b) He is directed to do so by lawful order of a court of
competent jurisdiction, in which case the secretary of state shall make the
address available to the person identified in the order.

Sec. 5. NRS 217.468 is hereby amended to read as
follows:

217.468 1. Except as otherwise provided in subsections
2 and 3, the secretary of state shall cancel the fictitious address of a
participant 4 years after the date on which the secretary of state approved the
application.

2. The secretary of state shall not cancel the
fictitious address of a participant if, before the fictitious address of the
participant is canceled, the participant shows to the satisfaction of the
secretary of state that the participant remains in imminent danger of becoming
a victim of domestic violence[.] or sexual assault.

3. The secretary of state may cancel the fictitious
address of a participant at any time if:

(a) The participant changes his confidential address from
the one listed in the application and fails to notify the secretary of state
within 48 hours after the change of address; or

(b) The secretary of state determines that false or
incorrect information was knowingly provided in the application.

Sec. 6. NRS 293.5002 is hereby amended to read as
follows:

293.5002 1. The secretary of state shall establish
procedures to allow a person for whom a fictitious address has been issued
pursuant to NRS 217.462 to 217.471, inclusive, to:

(a) Register to vote; and

(b) Vote by absent ballot,

without revealing the confidential address of the person.

2. In addition to establishing appropriate procedures or
developing forms pursuant to subsection 1, the secretary of state shall develop
a form to allow a person for whom a fictitious address has been issued to
register to vote or to change the address of his current registration. The form
must include:

(a) A section that contains the confidential address of
the person; and

(b) A section that contains the fictitious address of the
person.

3. Upon receiving a completed form from a person for
whom a fictitious address has been issued, the secretary of state shall:

(a) On the portion of the form that contains the
fictitious address of the person, indicate the county and precinct in which the
person will vote and forward this portion of the form to the appropriate county
clerk; and

(b) File the portion of the form that contains the
confidential address.

4. Notwithstanding any other provision of law, any
request received by the secretary of state pursuant to subsection 3 shall be
deemed a request for a permanent absent ballot.

5. Notwithstanding any other provision of law[, the]:

(a) The secretary
of state and each county clerk[:

(a) Shall]shall keep the portion
of the form developed pursuant to subsection 2 that he retains separate from
other applications for registration
. [; and

(b) Shall]

(b) The
county clerk shall not make the name, confidential address or
fictitious address of the person who has been issued a fictitious address
available for:

(1) Inspection or copying; or

(2) Inclusion in any list that is made available for
public inspection,

unless he is directed to do so by lawful order of a court of
competent jurisdiction.

Sec. 7. The amendatory provisions of this act do not
apply to offenses committed before the effective date of this act.

AN ACT relating to agriculture; expanding the purposes
for which the state quarantine officer may proclaim a quarantine of
agricultural commodities; expanding the circumstances under which the state
department of agriculture may require certain owners or occupants to control,
treat or eradicate certain diseases, insects, plants, weeds or other pests; and
providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 554 of NRS is hereby amended
by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this
act.

Sec. 2. Agricultural
commodity means any bee, agricultural or horticultural crop, seed, plant, tree
or shrub, or any manufactured product thereof, or other product of the soil, or
any article except livestock.

Sec. 3. Exportation
means the transportation of any agricultural commodity by any railroad, express
company or other common carrier, or by any person as baggage or by vehicle or
automobile, or the permitting to run at large of the agricultural commodity.

Sec. 5. Importation
means the transportation or movement of any agricultural commodity into this
state by any railroad, express company, truckline or other common carrier, or
by any person by vehicle, automobile or otherwise.

Sec. 6. Noxious
weed has the meaning ascribed to it in NRS 555.005.

Sec. 7. Vertebrate
pest has the meaning ascribed to it in NRS 555.005.

Sec. 8. NRS 554.010 is hereby amended to read as
follows:

554.010 As used in [NRS 554.010 to 554. 090,
inclusive :

1. Agricultural
commodity includes any and all bees, agricultural or horticultural crops,
seeds, plants, trees or shrubs, or any manufactured product thereof, or other
products of the soil, or any article excepting livestock.

2. Importation
shall be construed to mean and include the transportation or movement of any
agricultural commodity by any railroad, express company, truckline or other
common carrier, or by any person or persons, by vehicle, automobile or
otherwise, into this state.] this chapter, unless the context otherwise requires, the
words and terms defined in sections 2 to 7, inclusive, of this act have the
meanings ascribed to them in those sections.

Sec. 9. NRS 554.020 is hereby amended to read
as follows:

554.020 1. The state quarantine officer may proclaim
and enforce a quarantine
against any state, territory or district, or any portion of any state,
territory or district, [with respect]relating to the importation into or
transportation through [the State of Nevada]this state of any
agricultural commodity, burlap, [containers] container or
other packing material [which may be infected] that:

commodity, burlap, [containers]container or other
packing material [which may be infected]that:

(a) Is
infected with, or which may have been exposed to infection with,
any contagious or destructive disease, or [be]
infested with or exposed to infestation with [parasites, weed seeds or
propagating parts of plants or insect pests,]a parasite, noxious weed, weed seed,
propagating part of a plant or vertebrate or invertebrate pest, or
the eggs or larvae thereof[,]; and

(b) Is dangerous
to [any] :

(1) The
public health or quality of any water in this state; or

(2) Any
wildlife, beneficial use of land in or industry of this state.

2. [No quarantine shall]A quarantine must not be issued
[under]pursuant to the provisions of NRS 554.010 to
554.090, inclusive, [which]if the issuance of the quarantine will
conflict with the provisions of the Constitution of the United States or any
Act of the Congress of the United States.

3. The quarantine [shall remain]remains effective
until vacated by an
order of the state quarantine officer.

Sec. 10. NRS 554.060 is hereby amended to read as
follows:

554.060 1. Any agricultural commodity imported into or
being transported through this state in violation of any quarantine issued [under]pursuant to the
provisions of NRS 554.010 to 554.090, inclusive, [shall]must be immediately
seized by the state quarantine officer or his authorized representative and
treated in a manner approved by the state quarantine officer, or destroyed or
sent out of the state within 48 hours, at the option and expense of the owner [or
owners] thereof.

2. [When the movement of any]If an agricultural commodity
is seized by the
state quarantine officer[,
as provided in]pursuant to the provisions of subsection 1[, to some point without]and the movement of the
agricultural commodity to a point outside of the state would
further endanger [any]:

(a) The
public health or quality of any water in this state; or

(b) Any wildlife,
beneficial use of land in or industry of this state,

the agricultural
commodity [so] seized by the state quarantine
officer [shall]must be destroyed as provided in subsection 1.

Sec. 11. NRS 554.110 is hereby amended to read as
follows:

554.110 The state quarantine officer [is
authorized and empowered to]may proclaim and enforce a quarantine against any county or portion of
any county, farm, nursery or apiary within this state, [with respect]relating to the
exportation [therefrom]from the county, farm, nursery or apiary to
any other [part]portion of the state, of any agricultural
commodity [infected]that:

1. Is
infected with, or which may have been exposed to, an infectious, contagious
or destructive [diseases,]disease or infested with [parasites or insect
pests,]a
parasite, noxious weed, weed seed, propagating part of a plant or vertebrate or
invertebrate pest, or the eggs or larvae thereof[,]; and

2. Is dangerous
to [any industry in the]:

(a) The
public health or quality of any water in this state; or

(b) Any
wildlife, beneficial use of land in or industry of this state.

554.120 1. [Whenever it shall appear]If it appears to the
state quarantine officer that [any industry in the]:

(a) The
public health or quality of any water in this state; or

(b) Any
wildlife, beneficial use of land in or industry of this state ,

is endangered by exportations of any agricultural commodity to any portion of the state
from any county, portion of any county, farm, nursery or apiary within the
state, [to other parts of the state, of any commodity,]
he shall [at once]immediately take steps to ascertain the facts
thereof.

2. If in the opinion of the state quarantine officer the
facts so warrant, he shall by proclamation declare [such]that county, or
portion of [such]that county, farm, nursery or apiary
quarantined from exportations of any such agricultural commodity to any other [parts]portion of the
state.

3. The quarantine [shall remain]remains effective
until vacated by an
order of the state quarantine officer.

Sec. 13. NRS 554.140 is hereby amended to read as
follows:

554.140 1. The state quarantine officer [shall
be]is responsible
for carrying out the provisions of NRS [554.100]554.110 to 554.240,
inclusive.

2. The sheriff and all peace officers of any county, [when]if called upon by
the state quarantine officer, shall aid and assist him in the enforcement of a quarantine and in the
arrest of any person accused of violating the [same.]quarantine. The
district attorney of any county in which any person is charged with a misdemeanor
[under NRS 554.100]pursuant to the provisions of NRS 554.110 to
554.240, inclusive, shall prosecute the [same.] misdemeanor.

Sec. 14. NRS 554.160 is hereby amended to read as
follows:

554.160 1. The state quarantine officer [is
empowered:

(a) To
exercise]may:

(a) Exercise
all necessary authority required for the proper and efficient
enforcement of a
quarantine.

(b) [To make]Make arrests of persons violating a quarantine, or
suspected of such a violation.

(c) [To examine]Examine any premises or any shipment or
consignment suspected of containing a quarantined agricultural commodity within
the meaning of NRS [554.100]554.110 to 554.240, inclusive, and may open
any container thereof and inspect the [same.] the contents of the container.

2. If such a
shipment or consignment proves to be a quarantined agricultural
commodity, the state quarantine officer [shall have power to]may require any
railroad, express company or other common carrier immediately to reship [such]the consignment back
to the point of origin, if the [same]consignment has not yet been delivered to the
consignee. The failure or refusal of any railroad company, express company or
other common carrier promptly [so] to do [shall render] sorenders the company or carrier so offending
liable [to]for a fine of not more than $5,000, which fine
may be collected by proceedings instituted by the state and prosecuted by the
attorney general in any court of competent jurisdiction. Any property of the
defendant within the state may be levied on and sold in satisfaction of the
judgment.

554.170 If, in the opinion of the state quarantine
officer, any agricultural commodity forbidden to be exported by any
proclamation of a quarantine
is endangering [any]:

1. The
public health or quality of any water in this state; or

2. Any
wildlife, beneficial use of land in or industry of [the
state, it]this
state,

the agricultural
commodity may be fumigated, disinfected, treated or destroyed by
the state quarantine officer.

Sec. 16. NRS 554.230 is hereby amended to read as
follows:

554.230 In any criminal proceeding arising under NRS [554.100]554.110 to 554.240,
inclusive, proof that any agricultural commodity, forbidden by a proclamation of a quarantine from export,
was exported in violation of the quarantine
shall be deemed proof, within the meaning of NRS [554.100]554.110 to 554.240,
inclusive, that the [same]agricultural commodity was diseased, exposed
to disease or infested.

Sec. 17. NRS 555.100 is hereby amended to read as
follows:

555.100 1. The department shall, [whenever]if necessary or [whenever]if a complaint is
made to the department, cause an inspection to be [made]conducted of any
premises [within the jurisdiction of the department,] , land, means of conveyance or article
of any person in this state, and if found infested with an infectious [diseases,
insects, weeds or other pests]disease, insect, plant, weed, or other pest that is injurious
to :

(a) The
public health or quality of any water in this state; or

(b) Any
wildlife, beneficial use of land or agriculture[,]in this state,

the department may[, in writing, notify]provide a written notice of its findings
to the owner or occupant of the premises [that the premises are
infested or infected with those diseases, insects, weeds or other pests. The
department may require the owner or occupant], land, means of conveyance or article
and require him to control , treat or eradicate [those diseases, insects,
weeds]the
disease, insect, weed or other [pests within a certain
period to be]pest
in the manner and within the period specified in the notice.

482.281 1. The department [shall establish a pilot
program to]may
allow an authorized inspection station or authorized station[, as defined in NRS
445B.710 and 445B.720, respectively,] to renew
certificates of registration for motor vehicles.

2. The department shall [choose the authorized
inspection stations and authorized stations which may participate in the
program. The department shall not choose]not issue a license to an
authorized inspection station or authorized station [for the program]to renew certificates of
registration if that station has committed any of the violations
set forth in NRS 445B.790.

3. An authorized inspection station or authorized
station shall not renew a certificate of registration for a motor vehicle
unless the station has issued a certificate of emissions compliance for that
vehicle.

4. The department shall establish bonding and surety
requirements for an authorized inspection station or authorized station that [elects
to participate in the program.]is authorized to renew certificates of registration. Each
such station shall obtain the equipment necessary for the operation of the
station, as determined by the department, and [shall]
pay the costs of any audit required by the department.

5. The department shall adopt regulations necessary to
carry out the provisions of this section. The regulations must include, without limitation:

(a) The
requirements for licensing an authorized inspection station or authorized
station to renew certificates of registration; and

(b) The
compensation an authorized inspection station or authorized station is entitled
to receive for the renewal of a certificate of registration.

6. As used
in this section:

(a) Authorized
inspection station has the meaning ascribed to it in NRS 445B.710.

(b) Authorized
station has the meaning ascribed to it in NRS 445B.720.

Sec. 2. This act becomes effective on July 1, 2001,
for the purpose of adopting regulations and on January 1, 2002, for all other
purposes.

________

κ2001 Statutes
of Nevada, Page 701κ

CHAPTER 135, AB 663

Assembly Bill No.
663Assemblyman Dini

Joint Sponsor:
Senator Amodei

CHAPTER 135

AN ACT relating to cities; clarifying the authority of
the first elected city council and mayor to enact and sign ordinances, respectively,
to fix their own salaries and those of other officers before the incorporation
of the city becomes effective; providing for the continued existence of the
North Lyon County Fire Protection District following the incorporation of the
City of Fernley; and providing other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 266.041 is hereby amended to
read as follows:

266.041 Before the incorporation of the city becomes
effective, the elected officers of the city may:

1. Prepare and adopt a budget;

2. Adopt ordinances[;] , including an ordinance fixing the
salaries of the officers first elected or appointed for the city, including
those officers who enact and sign the ordinance;

3. Levy a tax ad valorem on property within the area of
the city, at the time and in the amount prescribed by law for cities, for the
fiscal year beginning on the date the incorporation of the city becomes
effective;

4. Negotiate an equitable apportionment of the fixed
assets of the county pursuant to NRS 266.044;

5. Negotiate contracts for the employment of personnel;

6. Negotiate contracts to provide services for the city,
including those services provided for by chapter 277 of NRS; and

7. Negotiate contracts for the purchase of equipment,
materials and supplies.

Sec. 2. NRS 266.450 is hereby amended to read as
follows:

266.450 All officers of any city [shall]are entitled to receive
such compensation as may be fixed by ordinance, but , except as otherwise provided in NRS 266.041, the
compensation of any such officers [shall]may not be increased
or diminished to take effect during the time for which the officer was elected
or appointed.

Sec. 3. 1. The legislature hereby finds and declares
that a general law cannot be made applicable for the provisions of subsection 2
because of the economic and geographic diversity of the local governments of
this state, the unusual growth patterns in certain of those local governments
and the special conditions experienced in certain counties related to the need
to provide basic services.

2. Notwithstanding the provisions of subsection 2 of NRS
266.043, the North Lyon County Fire Protection District may continue to exist
on and after the date on which the incorporation of the
City of Fernley becomes effective and the boundaries that district may continue
to include territory incorporated into the new City of Fernley.

after the date on which the incorporation of the City of Fernley
becomes effective and the boundaries that district may continue to include
territory incorporated into the new City of Fernley.

Sec. 4. This act becomes effective upon passage and
approval.

________

CHAPTER 136, SB 179

Senate Bill No.
179Committee on Judiciary

CHAPTER 136

AN ACT relating to evidence; providing that the
statement of a child regarding physical abuse is admissible in a criminal
proceeding under certain circumstances; identifying certain factors to be
considered by the court in determining the trustworthiness of certain
statements made by a child; and providing other matters properly relating
thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 51.385 is hereby amended to read as
follows:

51.385 1. In addition to any other provision for
admissibility made by statute or rule of court, a statement made by a child
under the age of 10 years describing any act of sexual conduct performed with
or on the child or any act of
physical abuse of the child is admissible in a criminal proceeding
regarding that act of sexual
conduct or physical abuse if
[the:

(a) Court]:

(a) The
court finds, in a hearing out of the presence of the jury, that
the time, content and circumstances of the statement provide sufficient
circumstantial guarantees of trustworthiness; and

(b) [Child either]The child testifies at the proceeding or is
unavailable or unable to testify.

2. In determining the trustworthiness of a
statement, the court shall consider, without limitation, whether:

(a) The statement was spontaneous;

(b) The child was subjected to repetitive questioning;

(c) The child had a motive to fabricate;

(d) The child used terminology unexpected of a child of
similar age; and

(e) The
child was in a stable mental state.

3. If the child is unavailable or unable
to testify, written notice must be given to the defendant at least 10 days
before the trial of the prosecutions intention to offer the statement in
evidence.

________

κ2001
Statutes of Nevada, Page 703κ

CHAPTER 137, SB 183

Senate Bill No.
183Committee on Judiciary

CHAPTER 137

AN ACT relating to crimes; revising the provisions
governing sexual conduct between pupils and persons who are in positions of
authority at schools; providing penalties; and providing other matters properly
relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.368 is hereby amended to
read as follows:

200.368 [A]Except under circumstances where a greater penalty is
provided in NRS 201.540, a person who commits statutory sexual
seduction shall be punished:

1. If he is 21 years of age or older, for a category C
felony as provided in NRS 193.130.

(b) Is employed in a position of authority by a public
school or private school[;]or volunteering in a position of
authority at a public or private school; and

(c) Engages in sexual conduct with a pupil who is 16 or
17 years of age and who is enrolled in or attending the public school or
private school at which the person is employed[,] or volunteering,

is guilty of a category C felony and shall be punished as
provided in NRS 193.130.

2. Except
as otherwise provided in subsection 4, a person who:

(a) Is 21
years of age or older;

(b) Is
employed in a position of authority by a public school or private school or
volunteering in a position of authority at a public or private school; and

(c) Engages
in sexual conduct with a pupil who is 14 or 15 years of age and who is enrolled
in or attending the public school or private school at which the person is
employed or volunteering,

is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.

3. For
the purposes of [subsection 1,]subsections 1 and 2, a person shall be deemed
to be employed in a position of authority by a public school or private school or deemed to be volunteering in a
position of authority at a public or private school if the person
is employed or volunteering as:

AN ACT relating to visually impaired persons; requiring
that toilet facilities in public buildings, certain leased areas and places of
public accommodation be identified with signs which must be placed in certain
locations, contain certain information and conform to certain standards;
requiring the attorney general to enforce such requirements; and providing
other matters properly relating thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 338.180 is hereby amended to read
as follows:

338.180 1. The legislature of the State of Nevada declares
that:

(a) The primary purpose of this section is to provide,
subject to the limitations set forth in this section, for the removal and
elimination of architectural barriers to the physically handicapped in public
buildings and facilities designed after July 1, 1973, in order to encourage and
facilitate the employment of the physically handicapped and to make public
buildings accessible to and usable by the physically handicapped; and

(b) It is the intent of the legislature that insofar as
possible all buildings and facilities used by the public be accessible to, and
functional for, the physically handicapped, without loss of function, space or
facility where the general public is concerned.

2. All plans and specifications for the construction of
public buildings and facilities owned by the State of Nevada or by a political
subdivision thereof must, after July 1, 1973, provide facilities and features
for the physically handicapped so that buildings which are normally used by the
public are constructed with entrance ramps, toilet facilities, drinking
fountains, doors and public telephones accessible to and usable by the
physically handicapped. In addition, all plans and specifications for the
construction or alteration of public buildings and facilities owned by the
State of Nevada or a political subdivision thereof must comply with the
applicable requirements of the:

(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 et seq., and the regulations adopted pursuant thereto, including, without
limitation, the Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the
Code of Federal Regulations;

The requirements of paragraph (a) of this subsection are not
satisfied if the plans and specifications comply solely with the Uniform
Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of
Title 41 of the Code of Federal Regulations.

3. The State of Nevada and each political subdivision
thereof shall, in the design, construction and alteration of public buildings
and facilities comply with the applicable requirements of the:

(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 et seq., and the regulations adopted pursuant thereto, including, without
limitation, the Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the
Code of Federal Regulations;

The requirements of paragraph (a) of this subsection are not
satisfied if the State of Nevada or a political subdivision thereof complies
solely with the Uniform Federal Accessibility Standards set forth in Appendix A
of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

4. In each
public building and facility owned by this state or a political subdivision of
this state, each entrance to a corridor which leads to a toilet facility must
be marked with a sign which:

(a) Conforms to the requirements related to signage
contained in §§ 4.30 et seq. of the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in Appendix A
of Part 36 of Title 28 of the Code of Federal Regulations; and

(b) Uses symbols, raised letters and Braille to:

(1) Identify the toilet facility and the gender of
persons who may use the toilet facility; and

(2) If the toilet facility is for the exclusive use
of persons of one gender:

(I) Indicate that the toilet facility is for
the exclusive use of persons of that gender; and

(II)
Provide direction to a toilet facility that may be used by persons of the other
gender.

5. The
state public works board shall verify that all public buildings and facilities
owned by the State of Nevada conform with the requirements of this section.
Each political subdivision shall verify that all public buildings and
facilities owned by the political subdivision conform with the requirements of
this section.

6. A person may report a violation of
this section to the attorney general.

7. Upon receiving a report pursuant to subsection 6,
the attorney general shall notify the public body responsible for the alleged
violation. Not later than 30 days after receiving such a notification, the
public body shall:

(a) Present evidence to the attorney general that it is
in compliance with this section; or

(b) Begin any action necessary to comply with the
requirements of this section and notify the attorney general of the date on
which it will be in compliance with those requirements.

8. If the public
body responsible for the alleged violation fails to comply with this section,
the attorney general shall take such action as is necessary to ensure
compliance with this section, including, without limitation, commencing
proceedings in a court of competent jurisdiction, if appropriate.

Sec. 2. NRS 444.048 is hereby amended to read as
follows:

444.048 1. Except as otherwise provided in this
section, each area that is leased by or on behalf of a public body and is used
primarily to provide a service to the public must have at least one toilet
facility which is accessible to a person with a disability within the leased
area or, if the leased area is a part of a complex of leased areas, within the
common area of the complex. The toilet facility must [be]:

(a) Be available
for use by members of the public. [To satisfy the
requirements of this section, the toilet facility must comply]

(c) If a corridor leads to the toilet
facility, be marked at the entrance to the corridor with a sign which:

(1) Conforms to the requirements related
to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in Appendix A
of Part 36 of Title 28 of the Code of Federal Regulations; and

(2) Uses symbols, raised letters and Braille to:

(I) Identify the toilet facility and the gender
of persons who may use the toilet facility; and

(II)
Indicate whether the toilet facility is for the exclusive use of persons of one
gender and, if applicable, provide direction to a toilet facility that may be
used by persons of the other gender.

2. The provisions of subsection 1 do not apply to a
leased area within a state park for which toilet facilities are otherwise accessible
to members of the public.

3. A contract to lease an area that does not satisfy the
requirements of subsection 1 which is entered into on or after October 1, 1997,
is void and unenforceable.

Sec. 3. Chapter
447 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Each owner, lessor, lessee or
operator of a public accommodation shall mark each entrance to a corridor in
the public accommodation which leads to a toilet facility with a sign which:

(a) Conforms to the requirements related to signage
contained in §§ 4.30 et seq. of the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in Appendix A
of Part 36 of Title 28 of the Code of Federal Regulations; and

(b) Uses symbols, raised letters and Braille to:

(1) Identify the toilet facility and the gender of
persons who may use the toilet facility; and

(2) If the toilet facility is for the exclusive use
of persons of one gender:

(I) Indicate that the toilet facility is for
the exclusive use of persons of that gender; and

(II) Provide direction to a toilet facility
that may be used by persons of the other gender.

2. A person may report a violation of subsection 1 to
the attorney general.

3. Upon receiving a report pursuant to subsection 2,
the attorney general shall notify the owner, lessor, lessee or operator of the
public accommodation of the alleged violation. Not later than 30 days after
receiving such a notification, the owner, lessor, lessee or operator of the
public accommodation shall:

(a) Present evidence to the attorney general that the
public accommodation is in compliance with subsection 1; or

(b) Begin any action necessary to comply with the
requirements of subsection 1 and notify the attorney general of the date on
which the public accommodation will be in compliance with those requirements.

4. If the owner, lessor, lessee or operator of the
public accommodation fails to comply with subsection 1, the attorney general
shall take such action as is necessary to ensure compliance with subsection 1,
including, without limitation, commencing proceedings in a court of competent
jurisdiction, if appropriate.

5. As used in this section, public accommodation has
the meaning ascribed to it in 42 U.S.C. § 12181.

Sec. 4. NRS 447.210 is
hereby amended to read as follows:

447.210 1. Every proprietor, owner, manager, lessee or
other person in charge of any hotel in this state [, who shall fail]who fails to comply
with [this chapter]the provisions of NRS 447.003 to 447.200, inclusive,
or any of the provisions of the regulations hereby established whether through
the acts of himself, his agent or employees [, shall be]is guilty of a
misdemeanor.

2. Every day that any hotel [shall be kept]is in violation of
any of the provisions of this chapter [, such keeping shall
constitute]constitutes
a separate offense.

Sec. 5. The provisions of subsection 1 of NRS 354.599
do not apply to any additional expenses of a local government that are related
to the provisions of this act.

Sec. 6. This act becomes effective on January 1, 2002.

________

κ2001
Statutes of Nevada, Page 708κ

CHAPTER 139, SB 503

Senate Bill No.
503Committee on Finance

CHAPTER 139

AN ACT relating to the department of motor vehicles and
public safety; expanding the methods of payment for which a service charge is
assessed by the department if payment for certain fees is dishonored;
increasing that service charge; and providing other matters properly relating
thereto.

[Approved: May 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 481.079 is hereby amended to
read as follows:

481.079 1. Except as otherwise provided by specific
statute, all taxes, license fees and money collected pursuant to NRS 481.0475
must be deposited with the state treasurer to the credit of the motor vehicle
fund.

2. If [any] a check or any other method of payment accepted by
the department in payment of fees pursuant to NRS 481.0475 is dishonored upon
presentation for payment:

(a) The drawer or any other person responsible for payment of the fee is
subject to a service charge of [$10,]$25, in addition to any other penalties
provided by law; and

(b) The department may require that future payments from
the person be made by cashiers check, money order, travelers check or cash.

3. The department may adjust the amount of a deposit
made with the state treasurer to the credit of the motor vehicle fund for any
cash shortage or overage resulting from the collection of fees.

Section 1. Chapter 104 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. In this
section, pre-effective-date financing statement means a financing statement
filed before July 1, 2001.

2. A person may
add or delete collateral covered by, continue or terminate the effectiveness
of, or otherwise amend the information provided in, a pre-effective-date
financing statement pursuant to the law of the jurisdiction governing
perfection as provided in part 3. The effectiveness
of a pre-effective-date financing statement also may be terminated in
accordance with the law of the jurisdiction in which the financing statement is
filed.

effectiveness of a
pre-effective-date financing statement also may be terminated in accordance
with the law of the jurisdiction in which the financing statement is filed.

3. Except as
otherwise provided in subsection 4, if the law of this state governs perfection
of a security interest, the information in a pre-effective-date financing
statement may be amended on or after July 1, 2001, if:

(a) The
pre-effective-date financing statement and an amendment are filed in the office
specified in NRS 104.9501;

(b) An amendment
is filed in the office specified in NRS 104.9501 concurrently with, or after
the filing in that office of, an initial financing statement that satisfies the
requirements of subsection 3 of NRS 104.9706; or

(c) An initial
financing statement that provides the information as amended and satisfies the
requirements of subsection 3 of NRS 104.9706 is filed in the office specified
in NRS 104.9501.

4. If the law of
this state governs perfection of a security interest, the effectiveness of a
pre-effective-date financing statement may be continued only under subsections
4 and 6 of NRS 104.9705 or 104.9706.

5. Whether or
not the law of this state governs perfection of a security interest, the
effectiveness of a pre-effective-date financing statement filed in this state
may be terminated on or after July 1, 2001, by filing a termination statement
in the office in which the pre-effective-date financing statement is filed,
unless an initial financing statement that satisfies the requirements of
subsection 3 of NRS 104.9706 has been filed in the office specified by the law
of the jurisdiction governing perfection as provided in part 3.

Sec. 2. NRS 104.1105 is hereby amended to read as
follows:

104.1105 1. Except as otherwise provided in this
section, when a transaction bears a reasonable relation to this state and also
to another state or nation, the parties may agree that the law of this state or
of such other state or nation governs their rights and duties. Failing such
agreement, this chapter applies to transactions bearing an appropriate relation
to this state.

2. Where one of the following provisions of this chapter
specifies the applicable law, that provision governs and a contrary agreement
is effective only to the extent permitted by the law (including the conflict of
laws rules) so specified:

Rights of creditors against sold goods. NRS 104.2402.

Applicability of the article on leases. NRS 104A.2105 and
104A.2106.

Applicability of the article on bank deposits and
collections. NRS 104.4102.

Letters of credit. NRS 104.5116.

Applicability of the article on investment securities. NRS
104.8110.

Law governing perfection, the effect of perfection or
nonperfection and the priority of security interests[.]and agricultural liens. NRS
104.9301 to 104.9307, inclusive.

Governing law in the article on funds transfers. NRS 104A.4507.

Sec. 3. NRS 104.2502 is hereby amended to read as
follows:

104.2502 1. Subject to [subsection 2]subsections 2 and 3, and
even though the goods have not been shipped, a buyer who has paid a part or all
of the price of goods in which he has a special property under the provisions
of the immediately preceding section may on making and keeping good a tender of
any unpaid portion of their price recover them from the seller if:

(a) In the case of goods bought for personal, family or
household purposes, the seller repudiates or fails to deliver as required by
the contract; or

(b) In all cases, the seller becomes insolvent within 10
days after receipt of the first installment on their price.

2. The
right of the buyer to recover the goods under subsection 1 vests upon
acquisition of a special property even if the seller has not then repudiated or
failed to deliver.

3. If
the identification creating his special property has been made by the buyer he
acquires the right to recover the goods only if they conform to the contract
for sale.

Sec. 4. NRS 104.9102 is hereby amended to read as
follows:

104.9102 1. In this article:

(a) Accession means goods that are physically united
with other goods in such a manner that the identity of the original goods is
not lost.

(b) Account, except as used in account for, means a
right to payment of a monetary obligation, whether or not earned by
performance, for property that has been or is to be sold, leased, licensed,
assigned, or otherwise disposed of; for services rendered or to be rendered;
for a policy of insurance issued or to be issued; for a secondary obligation
incurred or to be incurred; for energy provided or to be provided; for the use
or hire of a vessel under a charter or other contract; arising out of the use
of a credit or charge card or information contained on or for use with the
card; or as winnings in a lottery or other game of chance operated or sponsored
by a state, governmental unit of a state, or person licensed or authorized to
operate the game by a state or governmental unit of a state. The term includes
health-care-insurance receivables. The term does not include rights to payment
evidenced by chattel paper or an instrument; commercial tort claims; deposit
accounts; investment property; letter-of-credit rights or letters of credit; or
rights to payment for money or funds advanced or sold, other than rights
arising out of the use of a credit or charge card or information contained on
or for use with the card.

(c) Account debtor means a person obligated on an
account, chattel paper or general intangible. The term does not include persons
obligated to pay a negotiable instrument, even if the instrument constitutes
part of chattel paper.

(d) Accounting, except as used in accounting for,
means a record:

(1) Authenticated by a secured party;

(2) Indicating the aggregate unpaid secured obligations
as of a date not more than 35 days earlier or 35 days later than the date of
the record; and

(3) Identifying the components of the obligations in
reasonable detail.

(e) Agricultural lien means an interest, other than a
security interest, in farm products:

(1) Which secures payment or performance of an
obligation for:

(I) Goods or services furnished in connection
with a debtors farming operation; or

(II) Rent on real property leased by a debtor in
connection with its farming operation;

(2) Which is created by statute in favor of a person
that:

(I) In the ordinary course of its business
furnished goods or services to a debtor in connection with his farming
operation; or

(II) Leased real property to a debtor in
connection with his farming operation; and

(3) Whose effectiveness does not depend on the
persons possession of the personal property.

(f) As-extracted collateral means:

(1) Oil, gas or other minerals that are subject to a
security interest that:

(I) Is created by a debtor having an interest in
the minerals before extraction; and

(II) Attaches to the minerals as extracted; or

(2) Accounts arising out of the sale at the wellhead
or minehead of oil, gas or other minerals in which the debtor had an interest
before extraction.

(g) Authenticate means:

(1) To sign; or

(2) To execute or otherwise adopt a symbol, or
encrypt or similarly process a record in whole or in part, with the present
intent of the authenticating person to identify himself and adopt or accept a
record.

(h) Bank means an organization that is engaged in the
business of banking. The term includes savings banks, savings and loan
associations, credit unions and trust companies.

(j) Certificate of title means a certificate of title
with respect to which a statute provides for the security interest in question
to be indicated on the certificate as a condition or result of the security
interests obtaining priority over the rights of a lien creditor with respect
to the collateral.

(k) Chattel paper means a record or records that
evidence both a monetary obligation and a security interest in or a lease of
specific goods or of specific goods and software used in the goods[.] , or a security interest in or a lease
of specific goods and a license of software used in the goods.
The term does not include charters or other contracts involving the use or hire
of a vessel[.] , or records that evidence a right to
payment arising out of the use of a credit or charge card or information
contained on or for use with the card. If a transaction is
evidenced [both by a security agreement or lease and]
by records that include
an instrument or series of instruments, the group of records taken together
constitutes chattel paper. As used
in this paragraph, monetary obligation means a monetary obligation secured by
the goods or owed under a lease of the goods and includes a monetary obligation
with respect to software used in the goods.

(l) Collateral means the property subject to a security
interest or agricultural lien. The term includes:

(1) Proceeds to which a security interest attaches;

(2) Accounts, chattel paper, payment intangibles and
promissory notes that have been sold; and

(2) A security interest in consumer goods or in
consumer goods and software that is held or acquired primarily for personal,
family or household purposes secures the obligation.

(y) Consumer obligor means an obligor who is a natural
person and who incurred the obligation as part of a transaction entered into
primarily for personal, family or household purposes.

(z) Consumer transaction means a transaction to the
extent that a natural person incurs an obligation primarily for personal,
family or household purposes; a security interest secures the obligation; and
the collateral is held or acquired primarily for personal, family or household
purposes. The term includes consumer-goods transactions.

(mm) Financing statement means a record or records
composed of an initial financing statement and any filed record relating to the
initial financing statement.

(nn) Fixture filing means the filing of a financing
statement covering goods that are or are to become fixtures and satisfying
subsections 1 and 2 of NRS 104.9502. The term includes the filing of a
financing statement covering goods of a transmitting utility which are or are
to become fixtures.

(oo) Fixtures means goods that have become so related
to particular real property that an interest in them arises under real property
law.

(rr) Goods means all things that are movable when a
security interest attaches. The term includes fixtures; standing timber that is
to be cut and removed under a conveyance or contract for sale; the unborn young
of animals; crops grown, growing, or to be grown, even if the crops are
produced on trees, vines, or bushes; and manufactured homes. The term also
includes a computer program embedded in goods and any supporting information
provided in connection with a transaction relating to the program if the
program is associated with the goods in such a manner that it customarily is
considered part of the goods, or by becoming the owner of the goods, a person
acquires a right to use the program in connection with the goods. The term does
not include a computer program embedded in goods that consist solely of the
medium in which the program is embedded. The term also does not include
accounts, chattel paper, commercial tort claims, deposit accounts, documents,
general intangibles, instruments, investment property, letter-of-credit rights,
letters of credit, money, or oil, gas or other minerals before extraction.

(ss) Governmental unit means a subdivision, agency,
department, county, parish, municipality, or other unit of the government of
the United States, a state, or a foreign country. The term includes an
organization having a separate corporate existence if the organization is
eligible to issue debt on which interest is exempt from income taxation under
the laws of the United States.

(tt) Health-care-insurance receivable means an interest
in or claim under a policy of insurance which is a right to payment of a
monetary obligation for health-care goods or services provided.

(uu) Instrument means a negotiable instrument or any
other writing that evidences a right to the payment of a monetary obligation,
is not itself a security agreement or lease, and is of a type that in ordinary
course of business is transferred by delivery with any necessary endorsement or
assignment. The term does not include investment property, letters of credit or
writings that evidence a right to payment arising out of the use of a credit or
charge card or information contained on or for use with the card.

(vv) Inventory means goods, other than farm products,
which:

(1) Are leased by a person as lessor;

(2) Are held by a person for sale or lease or to be
furnished under a contract of service;

(xx) Jurisdiction of organization, with respect to a
registered organization, means the jurisdiction under whose law the
organization is organized.

(yy) Letter-of-credit right means a right to payment or
performance under a letter of credit, whether or not the beneficiary has
demanded or is at the time entitled to demand payment or performance. The term
does not include the right of a beneficiary to demand payment or performance
under a letter of credit.

(zz) Lien creditor means:

(1) A creditor that has acquired a lien on the
property involved by attachment, levy or the like;

(2) An assignee for benefit of creditors from the
time of assignment;

(3) A trustee in bankruptcy from the date of the
filing of the petition; or

(4) A receiver in equity from the time of
appointment.

(aaa) Manufactured home means a structure,
transportable in one or more sections, which in the traveling mode, is 8 feet
or more in body width or 40 feet or more in body length, or, when erected on
site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein. The term includes
any structure that meets all of the requirements of this paragraph except the
size requirements and with respect to which the manufacturer voluntarily files
a certification required by the United States Secretary of Housing and Urban
Development and complies with the standards established under Title 42 of the
United States Code.

(bbb) Manufactured-home transaction means a secured
transaction:

(1) That creates a purchase-money security interest
in a manufactured home, other than a manufactured home held as inventory; or

(2) In which a manufactured home, other than a
manufactured home held as inventory, is the primary collateral.

(ccc) Mortgage means a consensual interest in real
property, including fixtures, which is created by a mortgage, deed of trust, or
similar transaction.

(ddd) New debtor means a person that becomes bound as
debtor under subsection 4 of NRS 104.9203 by a security agreement previously
entered into by another person.

(eee) New value means money; moneys worth in property,
services or new credit; or release by a transferee of an interest in property
previously transferred to the transferee. The term does not include an
obligation substituted for another obligation.

(fff) Noncash proceeds means proceeds other than cash
proceeds.

(ggg) Obligor means a person that, with respect to an
obligation secured by a security interest in or an agricultural lien on the
collateral, owes payment or other performance of the obligation, has provided
property other than the collateral to secure payment or other performance of
the obligation, or is otherwise accountable in whole or in part for payment or
other performance of the obligation.

performance of the obligation. The term does not include an
issuer or a nominated person under a letter of credit.

(hhh) Original debtor means , except as used in subsection 3 of NRS 104.9310,
a person that, as debtor, entered into a security agreement to which a new
debtor has become bound under subsection 4 of NRS 104.9203.

(iii) Payment intangible means a general intangible
under which the account debtors principal obligation is a monetary obligation.

(jjj) Person related to, with respect to a natural
person, means:

(1) His spouse;

(2) His brother, brother-in-law, sister or
sister-in-law;

(3) His or his spouses ancestor or lineal
descendant; or

(4) Any other relative, by blood or marriage, of the
person or his spouse who shares the same home with him.

(kkk) Person related to, with respect to an
organization, means:

(1) A person directly or indirectly controlling,
controlled by or under common control with the organization;

(2) An officer or director of, or a person
performing similar functions with respect to, the organization;

(3) An officer or director of, or a person
performing similar functions with respect to, a person described in
subparagraph (1);

(4) The spouse of a natural person described in
subparagraph (1), (2) or (3); or

(5) A person who is related by blood or marriage to
a person described in subparagraph (1), (2), (3) or (4) and shares the same
home with that person.

(lll) Proceeds means , except as used in subsection 2 of NRS 104.9609, the
following property:

(1) Whatever is acquired upon the sale, lease,
license, exchange or other disposition of collateral;

(4) To the extent of the value of collateral, claims
arising out of the loss, nonconformity, or interference with the use of,
defects or infringement of rights in, or damage to, the collateral; and

(5) To the extent of the value of collateral and to
the extent payable to the debtor or the secured party, insurance payable by
reason of the loss or nonconformity of, defects or infringement of rights in,
or damage to, the collateral.

(mmm) Promissory note means an instrument that
evidences a promise to pay a monetary obligation, does not evidence an order to
pay, and does not contain an acknowledgment by a bank that the bank has
received for deposit a sum of money or funds.

(nnn) Proposal means a record authenticated by a
secured party which includes the terms on which the secured party is willing to
accept collateral in full or partial satisfaction of the obligation it secures
pursuant to NRS 104.9620, 104.9621 and 104.9622.

(3) The debtor, the obligor, the secured party, the
account debtor or other person obligated on collateral, the assignor or
assignee of a secured obligation, or the assignor or assignee of a security
interest is a state or a governmental unit of a state.

(ppp) Pursuant to commitment, with respect to an
advance made or other value given by a secured party, means pursuant to the
secured partys obligation, whether or not a subsequent event of default or
other event not within the secured partys control has relieved or may relieve
the secured party from its obligation.

(qqq) Record, except as used in for record, of
record, record or legal title, and record owner, means information that is
inscribed on a tangible medium or which is stored in an electronic or other
medium and is retrievable in perceivable form.

(rrr) Registered organization means an organization
organized solely under the law of a single state or the United States and as to
which the state or the United States must maintain a public record showing the
organization to have been organized.

(sss) Secondary obligor means an obligor to the extent
that:

(1) The obligors obligation is secondary; or

(2) The obligor has a right of recourse with respect
to an obligation secured by collateral against the debtor, another obligor or
property of either.

(ttt) Secured party means:

(1) A person in whose favor a security interest is
created or provided for under a security agreement, whether or not any
obligation to be secured is outstanding;

(2) A person that holds an agricultural lien;

(3) A consignor;

(4) A person to which accounts, chattel paper,
payment intangibles or promissory notes have been sold;

(5) A trustee, indenture trustee, agent, collateral
agent or other representative in whose favor a security interest or
agricultural lien is created or provided for; or

(uuu) Security agreement means an agreement that
creates or provides for a security interest.

(vvv) Send, in connection with a record or notification,
means:

(1) To deposit in the mail, deliver for transmission
or transmit by any other usual means of communication, with postage or cost of
transmission provided for, addressed to any address reasonable under the
circumstances; or

(2) To cause the record or notification to be
received within the time that it would have been received if properly sent
under subparagraph (1).

(www) Software means a computer program and any
supporting information provided in connection with a transaction relating to
the program. The term does not include a computer program that is contained in
goods unless the goods are a computer or computer peripheral.

(xxx) State means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United
States.

(yyy) Supporting obligation means a letter-of-credit
right or secondary obligation that supports the payment or performance of an
account, chattel paper, document, general intangible, instrument or investment
property.

(zzz) Tangible chattel paper means chattel paper
evidenced by a record or records consisting of information that is inscribed on
a tangible medium.

(aaaa) Termination statement means a subsequent filing
which:

(1) Identifies, by its file number, the initial
financing statement to which it relates; and

(2) Indicates either that it is a termination
statement or that the identified financing statement is no longer effective.

(bbbb) Transmitting utility means a person primarily
engaged in the business of:

3. Article 1 contains general definitions and principles
of construction and interpretation applicable throughout this article.

Sec. 5. NRS 104.9104 is hereby amended to read as
follows:

104.9104 1. A secured party has control of a deposit
account if:

(a) The secured party is the bank with which the deposit
account is maintained;

(b) The debtor, secured party and bank have agreed in an
authenticated record that the bank will comply with instructions originated by
the secured party directing disposition of the funds in the deposit account without
further consent by the debtor; or

(c) The secured party becomes the banks customer with
respect to the deposit account.

2. A secured party that has satisfied subsection 1 has
control, even if the debtor retains the right to direct the disposition of
funds from the deposit account.

2. The application of this article to a security
interest in a secured obligation is not affected by the fact that the
obligation is itself secured by a transaction or interest to which this article
does not apply.

3. This article does not apply to the extent that:

(a) A statute, regulation or treaty of the United States
preempts this article; or

(b) [Another statute of this state expressly governs the creation,
perfection, priority or enforcement of a security interest created by this
state or a governmental unit of this state;

(c) A statute
of another state, a foreign country, or a governmental unit of another state or
a foreign country, other than a statute generally applicable to security
interests, expressly governs creation, perfection, priority, or enforcement of
a security interest created by the state, country, or governmental unit; or

(d)]
The rights of a transferee beneficiary or nominated person under a letter of
credit are independent and superior under NRS 104.5114.

4. This article does not apply to:

(a) A landlords lien, other than an agricultural lien;

(b) A lien, other than an agricultural lien, given by
statute or other rule of law for services or materials, but NRS 104.9333
applies with respect to priority of the lien;

(c) An assignment of a claim for wages, salary or other
compensation of an employee;

(d) A sale of accounts, chattel paper, payment
intangibles or promissory notes as part of a sale of the business out of which
they arose;

(e) An assignment of accounts, chattel paper, payment
intangibles or promissory notes which is for the purpose of collection only;

(f) An assignment of a right to payment under a contract
to an assignee that is also obligated to perform under the contract;

(g) An assignment of a single account, payment intangible
or promissory note to an assignee in full or partial satisfaction of a
preexisting indebtedness;

(h) A transfer of an interest in or an assignment of a
claim under a policy of insurance, other than an assignment by or to a
health-care provider of a health-care-insurance receivable and any subsequent
assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with
respect to proceeds and priorities in proceeds;

(i) An assignment of a right represented by a judgment,
other than a judgment taken on a right to payment that was collateral;

(j) A right of recoupment or set-off, but:

(1) NRS 104.9340 applies with respect to the
effectiveness of rights of recoupment or set-off against deposit accounts; and

(2) NRS 104.9404 applies with respect to defenses or
claims of an account debtor;

(k) The creation or transfer of an interest in or lien on
real property, including a lease or rents thereunder, except to the extent that
provision is made for:

(l) An assignment of a claim arising in tort, other than
a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to
proceeds and priorities in proceeds; [or]

(m) An assignment of a deposit account in a consumer
transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and
priorities in proceeds [.] ; or

(n) A transfer by
a government or governmental unit.

Sec. 7. NRS 104.9210 is hereby amended to read as
follows:

104.9210 1. In this section:

(a) Request means a record of a type described in
paragraph (b), (c) or (d).

(b) Request for an accounting means a record
authenticated by a debtor requesting that the recipient provide an accounting
of the unpaid obligations secured by collateral and reasonably identifying the
transaction or relationship that is the subject of the request.

(c) Request regarding a list of collateral means a
record authenticated by a debtor requesting that the recipient approve or
correct a list of what the debtor believes to be the collateral securing an
obligation and reasonably identifying the transaction or relationship that is
the subject of the request.

(d) Request regarding a statement of account means a
record authenticated by a debtor requesting that the recipient approve or
correct a statement indicating what the debtor believes to be the aggregate
amount of unpaid obligations secured by collateral as of a specified date and
reasonably identifying the transaction or relationship that is the subject of
the request.

2. Subject to subsections 3 to 6, inclusive, a secured
party, other than a buyer of accounts, chattel paper, payment intangibles, or
promissory notes or a consignor, shall comply with a request within 14 days
after receipt:

(a) In the case of a request for an accounting, by
authenticating and sending to the debtor an accounting; and

(b) In the case of a request regarding a list of
collateral or a request regarding a statement of account, by authenticating and
sending to the debtor an approval or correction.

3. A secured party that claims a security interest in
all of a particular type of collateral owned by the debtor may comply with a
request regarding a list of collateral by sending to the debtor an
authenticated record including a statement to that effect within 14 days after
receipt.

4. A person that receives a request regarding a list of
collateral, claims no interest in the collateral when it receives the request,
and claimed an interest in the collateral at an earlier time shall comply with
the request within 14 days after receipt by sending to the debtor an
authenticated record:

(a) Disclaiming any interest in the collateral; and

(b) If known to the recipient, providing the name and
mailing address of any assignee of or successor to the recipients [security]
interest in the collateral.

5. A person that receives a request for an accounting or
a request regarding a statement of account, claims no interest in the
obligations when it receives the request, and claimed an interest in the
obligations at an earlier time shall comply with the request within 14 days
after receipt by sending to the debtor an authenticated record:

(a) Disclaiming any interest in the obligations; and

(b) If known to the recipient, providing the name and
mailing address of any assignee of or successor to the recipients interest in
the obligations.

6. A debtor is entitled without charge to one response
to a request under this section during any 6-month period. The secured party
may require payment of a charge not exceeding $25 for each additional response.

Sec. 8. NRS 104.9311 is hereby amended to read as
follows:

104.9311 1. Except as otherwise provided in subsection
4, the filing of a financing statement is not necessary or effective to perfect
a security interest in property subject to:

(a) A statute, regulation or treaty of the United States
whose requirements for a security interests obtaining priority over the rights
of a lien creditor with respect to the property preempt subsection 1 of NRS
104.9310;

(b) Chapter 105 of NRS, NRS 482.423 to 482.431,
inclusive, 488.1793 to 488.1827, inclusive, and 489.501 to 489.581, inclusive;
or

(c) A certificate-of-title statute of another
jurisdiction which provides for a security interest to be indicated on the
certificate as a condition or result of the security interests obtaining
priority over the rights of a lien creditor with respect to the property.

2. Compliance with the requirements of a statute,
regulation or treaty described in subsection 1 for obtaining priority over the
rights of a lien creditor is equivalent to the filing of a financing statement
under this article. Except as otherwise provided in
subsection 4, NRS 104.9313 and subsections 4 and 5 of NRS 104.9316 for goods
covered by a certificate of title, a security interest in property subject to a
statute, regulation or treaty described in subsection 1 may be perfected only
by compliance with those requirements, and a security interest so perfected
remains perfected notwithstanding a change in the use or transfer of possession
of the collateral.

Except as otherwise provided in subsection 4, NRS 104.9313
and subsections 4 and 5 of NRS 104.9316 for goods covered by a certificate of
title, a security interest in property subject to a statute, regulation or
treaty described in subsection 1 may be perfected only by compliance with those
requirements, and a security interest so perfected remains perfected
notwithstanding a change in the use or transfer of possession of the
collateral.

3. Except as otherwise provided in subsection 4 and
subsections 4 and 5 of NRS 104.9316, duration and renewal of perfection of a
security interest perfected by compliance with the requirements prescribed by a
statute, regulation or treaty described in subsection 1 are governed by the
statute, regulation or treaty. In other respects, the security interest is
subject to this article.

4. During any period in which collateral subject to a statute specified in
paragraph (b) of subsection 1 is inventory held for sale or lease
by a person or leased by that person as lessor and that person is in the
business of selling [or leasing] goods of that kind, this
section does not apply to a security interest in that collateral created by
that person .[as
debtor.]

(b) A person that becomes a lien creditor before the
earlier of the time [the]:

(1) The
security interest or agricultural lien is perfected ; or

(2) One
of the conditions specified in paragraph (c) of subsection 2 of NRS 104.9203 is
met and a financing statement covering the collateral is filed.

2. Except as otherwise provided in subsection 5, a
buyer, other than a secured party, of chattel paper, documents, goods,
instruments, or a security certificate takes free of a security interest or
agricultural lien if the buyer gives value and receives delivery of the
collateral without knowledge of the security interest or agricultural lien and
before it is perfected.

3. Except as otherwise provided in subsection 5, a
lessee of goods takes free of a security interest or agricultural lien if he
gives value and receives delivery of the collateral without knowledge of the
security interest or agricultural lien and before it is perfected.

4. A licensee of a general intangible or a buyer, other
than a secured party, of accounts, general intangibles or investment property
other than a certificated security takes free of a security interest if he
gives value without knowledge of the security interest and before it is
perfected.

5. Except as otherwise provided in NRS 104.9320 and
104.9321, if a person files a financing statement with respect to a
purchase-money security interest before or within 20 days after the debtor
receives delivery of the collateral, the security interest takes priority over
the rights of a buyer, lessee or lien creditor which arise between the time the
security interest attaches and the time of filing.

Sec. 10. NRS 104.9323 is hereby amended to read
as follows:

104.9323 1. Except as otherwise provided in subsection
3, for purposes of determining the priority of a perfected security interest
under subsection 1 of NRS 104.9322, perfection of the security interest dates
from the time an advance is made to the extent that the
security interest secures an advance that:

advance is made to the extent that the security interest
secures an advance that:

(a) Is made while the security interest is perfected
only:

(1) Under NRS 104.9309 when it attaches; or

(2) Temporarily under subsection 5, 6 or 7 of NRS
104.9312; and

(b) Is not made pursuant to a commitment entered into
before or while the security interest is perfected by a method other than under
NRS 104.9309 or subsection 5, 6 or 7 of NRS 104.9312.

2. Except as otherwise provided in subsection 3, a
security interest is subordinate to the rights of a person that becomes a lien
creditor [while the security interest is perfected only]
to the extent that [it secures advances]the security interest secures an advance
made more than 45 days after he becomes a lien creditor unless
the advance is made:

(a) Without knowledge of the lien; or

(b) Pursuant to a commitment entered into without
knowledge of the lien.

3. Subsections 1 and 2 do not apply to a security
interest held by a secured party that is a buyer of accounts, chattel paper,
payment intangibles, or promissory notes or a consignor.

4. Except as otherwise provided in subsection 5, a buyer
of goods other than a buyer in the ordinary course of business takes free of a
security interest to the extent that it secures advances made after the earlier
of:

(a) The time the secured party acquires knowledge of the
buyers purchase; or

(b) Forty-five days after the purchase.

5. Subsection 4 does not apply if the advance is made
pursuant to a commitment entered into without knowledge of the buyers purchase
and before the expiration of the 45‑day period.

6. Except as otherwise provided in subsection 7, a
lessee of goods, other than a lessee in ordinary course of business, takes the
leasehold free of a security interest to the extent that it secures advances
made after the earlier of:

(a) The time the secured party acquires knowledge of the
lease; or

(b) Forty-five days after the lease contract becomes
enforceable.

7. Subsection 6 does not apply if the advance is made
pursuant to a commitment entered into without knowledge of the lease and before
the expiration of the 45‑day period.

Sec. 11. NRS 104.9331 is hereby amended to read as
follows:

104.9331 1. This article does not limit the rights of a
holder in due course of a negotiable instrument, a holder to which a negotiable
document of title has been duly negotiated, or a protected purchaser of a
security. These holders or purchasers take priority over an earlier security
interest, even if perfected, to the extent provided in articles 3, 7 and 8.

2. This article does not limit the rights of or impose
liability on a person to the extent that the person is protected against the
assertion of [an adverse]a claim under article 8.

3. Filing under this article does not constitute notice
of a claim or defense to the holders, or purchasers, or persons described in
subsections 1 and 2.

Sec. 12. NRS 104.9334 is hereby amended to read as
follows:

104.9334 1. A security interest under this article may
be created in goods that are fixtures or may continue in goods that become
fixtures. A security interest does not exist under this
article in ordinary building materials incorporated into an improvement on
land.

security interest does not exist under this article in
ordinary building materials incorporated into an improvement on land.

2. This article does not prevent creation of an
encumbrance upon fixtures under real property law.

3. In cases not governed by subsections 4 to 8,
inclusive, a security interest in fixtures is subordinate to a conflicting
interest of an encumbrancer or owner of the related real property other than
the debtor.

4. Except as otherwise provided in subsection 8, a
perfected security interest in fixtures has priority over a conflicting
interest of an encumbrancer or owner of the real property if the debtor has an
interest of record in or is in possession of the real property and:

(a) The security interest is a purchase-money security
interest;

(b) The interest of the encumbrancer or owner arises
before the goods become fixtures; and

(c) The security interest is perfected by a fixture
filing before the goods become fixtures or within 20 days thereafter.

5. A perfected security interest in fixtures has
priority over a conflicting interest of an encumbrancer or owner of the real
property if:

(a) The debtor has an interest of record in the real
property or is in possession of the real property and the security interest:

(1) Is perfected by a fixture filing before the
interest of the encumbrancer or owner is of record; and

(2) Has priority over any conflicting interest of a
predecessor in title of the encumbrancer or owner;

(b) Before the goods become fixtures, the security
interest is perfected by any method permitted by this article and the fixtures
are readily removable:

(1) Factory or office machines;

(2) Equipment that is not primarily used or leased
for use in the operation of the real property; or

(3) Replacements of domestic appliances that are
consumer goods;

(c) The conflicting interest is a lien on the real
property obtained by legal or equitable proceedings after the security interest
was perfected by any method permitted by this article; or

(d) The security interest is:

(1) Created in a manufactured home in a
manufactured-home transaction; and

(2) Perfected pursuant to a statute described in
paragraph (b) of subsection 1 of NRS 104.9311.

6. A security interest in fixtures, whether or not
perfected, has priority over a conflicting interest of an encumbrancer or owner
of the real property if:

(a) The encumbrancer or owner has, in an authenticated
record, consented to the security interest or disclaimed an interest in the
goods as fixtures; or

(b) The debtor has a right to remove the goods as against
the encumbrancer or owner.

7. The priority of the security interest under paragraph (b) of
subsection 6 continues for a reasonable time if the debtors right to remove
the goods as against the encumbrancer or owner terminates.

8. A mortgage is a construction mortgage to the extent
that it secures an obligation incurred for the construction of an improvement
on land, including the acquisition cost of the land, if the recorded record so indicates.
Except as otherwise provided in subsections 5 and 6, a security interest in fixtures is subordinate to a construction mortgage recorded
before the goods become fixtures if the goods become fixtures before the
completion of the construction.

fixtures is subordinate to a construction mortgage recorded
before the goods become fixtures if the goods become fixtures before the
completion of the construction. A mortgage has this priority to the same extent
as a construction mortgage to the extent that it is given to refinance a
construction mortgage.

9. A perfected security interest in crops growing on
real property has priority over a conflicting interest of an encumbrancer or
owner of the real property if the debtor has an interest of record in or is in
possession of the real property.

Sec. 13. NRS 104.9336 is hereby amended to read as
follows:

104.9336 1. In this section, commingled goods means
goods that are physically united with other goods in such a manner that their
identity is lost in a product or mass.

2. A security interest does not exist in commingled
goods as such. However, a security interest may attach to a product or mass
that results when goods become commingled goods.

3. If collateral becomes commingled goods, a security
interest attaches to the product or mass.

4. If a security interest in collateral is perfected
before the collateral becomes commingled goods, the security interest that
attaches to the product or mass under subsection 3 is perfected.

5. Except as otherwise provided in subsection 6, the
other provisions of this part determine the priority of a security interest
that attaches to the product or mass under subsection 3.

6. If more than one security interest attaches to the
product or mass under subsection 3, the following rules determine priority:

(a) A security interest that is perfected under
subsection 4 has priority over a security interest that is unperfected at the
time the collateral becomes commingled goods.

(b) If more than one security interest is perfected under
subsection 4, the security interests rank equally in proportion to the value of the
collateral at the time it became commingled goods.

Sec. 14. NRS 104.9406 is hereby amended to read as
follows:

104.9406 1. Subject to subsections 2 to 8, inclusive,
an account debtor on an account, chattel paper or a payment intangible may
discharge its obligation by paying the assignor until, but not after, the
account debtor receives a notification, authenticated by the assignor or the
assignee, that the amount due or to become due has been assigned and that
payment is to be made to the assignee. After receipt of the notification, the
account debtor may discharge its obligation by paying the assignee and may not
discharge the obligation by paying the assignor.

(b) To the extent that an agreement between an account
debtor and a seller of a payment intangible limits the account debtors duty to
pay a person other than the seller and the limitation is effective under law
other than this article; or

(c) At the option of an account debtor, if the
notification notifies the account debtor to make less than the full amount of
any installment or other periodic payment to the assignee, even if:

(1) Only a portion of the account, chattel paper or [general]payment intangible
has been assigned to that assignee;

(3) The account debtor knows that the assignment to
that assignee is limited.

3. Subject to subsection 8, if requested by the account
debtor, an assignee shall seasonably furnish reasonable proof that the
assignment has been made. Unless the assignee complies, the account debtor may
discharge its obligation by paying the assignor, even if the account debtor has
received a notification under subsection 1.

4. Except as otherwise provided in subsection 5 and NRS
104.9407 and 104A.2303, and subject to subsection 8, a term in an agreement
between an account debtor and an assignor or in a promissory note is
ineffective to the extent that it:

(a) Prohibits, restricts or requires the consent of the
account debtor or person obligated on the promissory note to the assignment or
transfer of, or the creation, attachment, perfection or enforcement of a
security interest in, the account, chattel paper, payment intangible or
promissory note; or

(b) Provides that the assignment or transfer, or the creation,
attachment, perfection or enforcement of the security interest may give rise to
a default, breach, right of recoupment, claim, defense, termination, right of
termination, or remedy under the account, chattel paper, payment intangible or
promissory note.

5. Subsection 4 does not apply to the sale of a payment
intangible or promissory note.

6. Subject to subsections 7 and 8, a rule of law,
statute, or regulation, that prohibits, restricts, or requires the consent of a
government, governmental body or official, or account debtor to the assignment
or transfer of, or creation of a security interest in, an account or chattel
paper is ineffective to the extent that the rule of law, statute or regulation:

(a) Prohibits, restricts, or requires the consent of the
government, governmental body or official, or account debtor to the assignment
or transfer of, or the creation, attachment, perfection, or enforcement of a
security interest in, the account or chattel paper; or

(b) Provides that the assignment or transfer, or the creation,
attachment, perfection, or enforcement of the security interest may give rise
to a default, breach, right of recoupment, claim, defense, termination, right
of termination, or remedy under the account or chattel paper.

7. Subject to subsection 8, an account debtor may not
waive or vary its option under paragraph (c) of subsection 2.

8. This section is subject to law other than this
article which establishes a different rule for an account debtor who is an
individual and who incurred the obligation primarily for personal, family or
household purposes.

9. This section does not apply to an assignment of a
health-care-insurance receivable.

Sec. 15. NRS 104.9407 is hereby amended to read as
follows:

104.9407 1. Except as otherwise provided in subsection
2, a term in a lease agreement is ineffective to the extent that it:

(a) Prohibits, restricts, or requires the consent of a
party to the lease to the
assignment or transfer, or the creation, attachment, perfection,
or enforcement of a security interest in an interest of a party under the lease
contract or in the lessors residual interest in the goods; or

(b) Provides that the assignment or transfer, or the creation,
attachment, perfection, or enforcement of the security interest may give rise
to a default, breach, right of recoupment, claim,
defense, termination, right of termination or remedy under the lease.

breach, right of recoupment, claim, defense, termination,
right of termination or remedy under the lease.

2. Except as otherwise provided in subsection 7 of NRS
104A.2303, a term described in paragraph (b) of subsection 1 is effective to
the extent that there is:

(a) A transfer by the lessee of the lessees right of
possession or use of the goods in violation of the term; or

(b) A delegation of a material performance of either
party to the lease contract in violation of the term.

3. The creation, attachment, perfection, or enforcement
of a security interest in the lessors interest under the lease contract or the
lessors residual interest in the goods is not a transfer that materially
impairs the lessees prospect of obtaining return performance or materially
changes the duty of or materially increases the burden or risk imposed on the
lessee within the purview of subsection 4 of NRS 104A.2303 unless, and then
only to the extent that, enforcement results in a delegation of a material
performance of the lessor. Even in that event, the creation, attachment,
perfection and enforcement of the security interest remain effective.

Sec. 16. NRS 104.9408 is hereby amended to read as
follows:

104.9408 1. Except as otherwise provided in subsection
2, a term in a promissory note or in an agreement between an account debtor and
a debtor which relates to a health-care-insurance receivable or a general
intangible, including a contract, permit, license or franchise, and prohibits,
restricts or requires the consent of the person obligated on the promissory
note or the account debtor to, the assignment or transfer of, or creation,
attachment, or perfection of a security interest in, the promissory note,
health-care-insurance receivable or general intangible, is ineffective to the
extent that the term:

(a) Would impair the creation, attachment or perfection
of a security interest; or

(b) Provides that the assignment or transfer, or the creation,
attachment or perfection of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination
or remedy under the promissory note, health-care-insurance receivable or
general intangible.

2. Subsection 1 applies to a security interest in a payment
intangible or promissory note only if the security interest arises out of a
sale of the payment intangible or promissory note.

3. A rule of law, statute, or regulation that prohibits,
restricts, or requires the consent of a government, governmental body or
official, person obligated on a promissory note, or account debtor to the
assignment or transfer of, or creation of a security interest in, a promissory
note, health-care-insurance receivable or general intangible, including a
contract, permit, license or franchise between an account debtor and a debtor,
is ineffective to the extent that the rule of law, statute or regulation:

(a) Would impair the creation, attachment or perfection
of a security interest; or

(b) Provides that the assignment or transfer, or the creation,
attachment or perfection of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination
or remedy under the promissory note, health-care-insurance receivable or general
intangible.

4. To the extent that a term in a promissory note or in
an agreement between an account debtor and a debtor which relates to a
health-care-insurance receivable or general intangible or a rule of law,
statute, or regulation described in subsection 3 would be effective under law
other than this article but is ineffective under subsection 1 or 3, the creation,
attachment or perfection of a security interest in the promissory note,
health-care-insurance receivable or general intangible:

(a) Is not enforceable against the person obligated on
the promissory note or the account debtor;

(b) Does not impose a duty or obligation on the person
obligated on the promissory note or the account debtor;

(c) Does not require the person obligated on the
promissory note or the account debtor to recognize the security interest, pay
or render performance to the secured party or accept payment or performance
from the secured party;

(d) Does not entitle the secured party to use or assign
the debtors rights under the promissory note, health-care-insurance receivable
or general intangible, including any related information or materials furnished
to the debtor in the transaction giving rise to the promissory note,
health-care-insurance receivable or general intangible;

(e) Does not entitle the secured party to use, assign,
possess or have access to any trade secrets or confidential information of the
person obligated on the promissory note or the account debtor; and

(f) Does not entitle the secured party to enforce the
security interest in the promissory note, health-care-insurance receivable or
general intangible.

Sec. 17. NRS 104.9409 is hereby amended to read as
follows:

104.9409 1. A term in a letter of credit or a rule of
law, statute, regulation, custom or practice applicable to the letter of credit
which prohibits, restricts or requires the consent of an applicant, issuer, or
nominated person to a beneficiarys assignment of or creation of a security
interest in a letter-of-credit right is ineffective to the extent that the term
or rule of law, statute, regulation, custom or practice:

(a) Would impair the creation, attachment or perfection
of a security interest in the letter-of-credit right; or

(b) Provides that the assignment or the creation, attachment or
perfection of the security interest may give rise to a default, breach, right
of recoupment, claim, defense, termination, right of termination or remedy
under the letter-of-credit right.

2. To the extent that a term in a letter of credit is
ineffective under subsection 1 but would be effective under law other than this
article or a custom or practice applicable to the letter of credit, to the
transfer of a right to draw or otherwise demand performance under the letter of
credit, or to the assignment of a right to proceeds of the letter of credit,
the creation, attachment or perfection of a security interest in the
letter-of-credit right:

(a) Is not enforceable against the applicant, issuer,
nominated person or transferee beneficiary;

(b) Imposes no duties or obligations on the applicant,
issuer, nominated person or transferee beneficiary; and

(c) Does not require the applicant, issuer, nominated
person or transferee beneficiary to recognize the security interest, pay or
render performance to the secured party or accept payment or other performance
from the secured party.

104.9504 A financing statement sufficiently indicates
the collateral that it covers [only] if the financing statement
provides:

1. A description of the collateral pursuant to NRS
104.9108; or

2. An indication that the financing statement covers all
assets or all personal property.

Sec. 19. NRS 104.9509 is hereby amended to read as
follows:

104.9509 1. A person may file an initial financing
statement, amendment that adds collateral covered by a financing statement or
amendment that adds a debtor to a financing statement only if:

(a) The debtor authorizes the filing in an authenticated
record; [or]

(b) The person holds an agricultural lien that has become
effective at the time of filing and the financing statement covers only
collateral in which he holds an agricultural lien[.] ; or

(c) Otherwise
authorized by subsection 2 or 3.

2. By authenticating or becoming bound as debtor by a
security agreement, a debtor or new debtor authorizes the filing of an initial
financing statement, and an amendment, covering:

(a) The collateral described in the security agreement;
and

(b) Property that becomes collateral under paragraph (b)
of subsection 1 of NRS 104.9315, whether or not the security agreement
expressly covers proceeds.

3. A person may file an amendment other than an
amendment that adds collateral covered by a financing statement or an amendment
that adds a debtor to a financing statement only if:

(a) The secured party of record authorizes the filing; or

(b) The change is a termination statement for a financing
statement as to which the secured party of record has failed to file or send a
termination statement as required by subsection 1 or 3 of NRS 104.9513.

4. If there is more than one secured party of record for
a financing statement, each secured party of record may authorize the filing of
an amendment under subsection 3.

Sec. 20. NRS 104.9513 is hereby amended to read as
follows:

104.9513 1. A secured party shall cause the secured
party of record for a financing statement to file a termination statement for
the financing statement if the financing statement covers consumer goods and:

(a) There is no obligation secured by the collateral
covered by the financing statement and no commitment to make an advance, incur
an obligation or otherwise give value; or

(b) The debtor did not authorize the filing of the
initial financing statement.

2. To comply with subsection 1, a secured party shall
cause the secured party of record to file the termination statement:

(a) Within 1 month after there is no obligation secured
by the collateral covered by the financing statement and no commitment to make
an advance, incur an obligation or otherwise give value; or

(b) If earlier, within 20 days after the secured party
receives an authenticated demand from a debtor.

3. In cases not governed by subsection 1, within 20 days
after a secured party receives an authenticated demand from a debtor, the
secured party shall cause the secured party of record for a financing statement
to send to the debtor a termination statement for the
financing statement or file the termination statement in the filing office if:

debtor a termination statement for the financing statement or
file the termination statement in the filing office if:

(a) Except in the case of a financing statement covering
accounts or chattel paper that has been sold or goods that are the subject of a
consignment, there is no obligation secured by the collateral covered by the
financing statement and no commitment to make an advance, incur an obligation
or otherwise give value;

(b) The financing statement covers accounts or chattel
paper that has been sold but as to which the account debtor or other person
obligated has discharged its obligation;

(c) The financing statement covers goods that were the
subject of a consignment to the debtor but are not in the debtors possession;
or

(d) The debtor did not authorize the filing of the
initial financing statement.

4. Except as otherwise provided in NRS 104.9510, upon
the filing of a termination statement with the filing office[,the]:

(a) The financing
statement to which the termination statement relates ceases to be effective.

(b) For the
purposes of subsection 7 of NRS 104.9519, subsection 1 of NRS 104.9522 and
subsection 3 of NRS 104.9523, a financing statement that indicates that the
debtor is a transmitting utility causes the effectiveness of the financing
statement to lapse.

Sec. 21. NRS 104.9519 is hereby amended to read as
follows:

104.9519 1. For each record filed in a filing office,
the filing office shall:

(a) Assign a unique number to the filed record;

(b) Create a record that bears the number assigned to the
filed record and the date and time of filing;

(c) Maintain the filed record for public inspection; and

(d) Index the filed record in accordance with subsections
3, 4 and 5.

2. Except as otherwise provided in subsection 9, a file
number assigned after January 1, 2002, may include a digit that:

(a) Is mathematically derived from or related to the
other digits of the file number; and

(b) Enables the filing office to detect whether a number
communicated as the file number includes a single-digit or transpositional
error.

(a) Index an initial financing statement according to the
name of the debtor and index all filed records relating to the initial
financing statement in a manner that associates with one another an initial
financing statement and all filed records relating to the initial financing
statement; and

(b) Index a record that provides a name of a debtor which
was not previously provided in the financing statement to which the record
relates also according to the name that was not previously provided.

4. If a financing statement is filed as a fixture filing
or covers as-extracted collateral or timber to be cut, it must be filed for
record and the filing office shall index it:

(a) Under the names of the debtor and of each owner of
record shown on the financing statement as if they were the mortgagors under a
mortgage of the real property described; and

(b) To the extent that the law of this state provides for
indexing of mortgages under the name of the mortgagee, under the name of the
secured party as if the secured party were the mortgagee thereunder.

5. If a financing statement is filed as a fixture filing
or covers as-extracted collateral or timber to be cut, the filing office shall
index an assignment filed under subsection 1 of NRS 104.9514 or an amendment
filed under subsection 2 of that section:

(a) Under the name of the assignor as grantor; and

(b) To the extent that the law of this state provides for
indexing the assignment of a mortgage of real property under the name of the
assignee, under the name of the assignee.

6. The filing office shall maintain a capability:

(a) To retrieve a record by the name of the debtor and:

(1) If the filing office is described in paragraph
(a) of subsection 1 of NRS 104.9501, by the file number assigned to the initial
financing statement to which the record relates and the date and time that the
record was filed or recorded; or

(2) If the filing office is described in paragraph
(b) of subsection 1 of NRS 104.9501, by the file number assigned to the initial
financing statement to which the record relates; and

(b) To associate and retrieve with one another an initial
financing statement and each filed record relating to the initial financing
statement.

7. The filing office may not remove a debtors name from
the index until 1 year after the effectiveness of a financing statement naming
the debtor lapses under NRS 104.9515 with respect to all secured parties of
record.

8. The filing office shall perform the acts required by
subsections 1 to 5, inclusive, within a reasonable time and in the manner
prescribed by filing-office rule.

9. [Subsection 2 does]Subsections 2 and 8 do not apply to a filing
office described in paragraph (a) of subsection 1 of NRS 104.9501.

Sec. 22. NRS 104.9525 is hereby amended to read as
follows:

104.9525 1. Except as otherwise provided in subsection
5, the fee for filing and indexing a record under this part, other than an
initial financing statement of the kind described in subsection [3]2 of NRS 104.9502,
is:

(a) Twenty dollars if the record is communicated in
writing and consists of one or two pages;

(b) Forty dollars if the record is communicated in
writing and consists of more than two pages, and $1 for each page over 20
pages;

(c) Ten dollars if the record is communicated by another
medium authorized by filing-office rule; and

(d) One dollar for each additional debtor, trade name or
reference to another name under which business is done.

2. The filing officer may charge and collect $1 for each
page of copy or record of filings produced by him at the request of any person.

3. Except as otherwise provided in subsection 5, the fee
for filing and indexing an initial financing statement of the kind described in
subsection 3 of NRS 104.9502 is:

(a) Forty dollars if the financing statement indicates
that it is filed in connection with a public-finance transaction; and

(b) Twenty dollars if the financing statement indicates
that it is filed in connection with a manufactured-home transaction.

4. The fee for responding to a request for information
from the filing office, including for issuing a certificate showing whether
there is on file any financing statement naming a particular debtor, is:

(a) Twenty dollars if the request is communicated in
writing; and

(b) Fifteen dollars if the request is communicated by
another medium authorized by filing-office rule.

5. This section does not require a fee with respect to a
mortgage that is effective as a financing statement filed as a fixture filing
or as a financing statement covering as-extracted collateral or timber to be
cut under subsection 3 of NRS 104.9502. However, the fees for recording and
satisfaction which otherwise would be applicable to the mortgage apply.

Sec. 23. NRS 104.9608 is hereby amended to read as
follows:

104.9608 1. If a security interest or agricultural lien
secures payment or performance of an obligation, the following rules apply:

(a) A secured party shall apply or pay over for
application the cash proceeds of collection or enforcement under [this
section]NRS
104.9607 in the following order to:

(1) The reasonable expenses of collection and
enforcement and, to the extent provided for by agreement and not prohibited by
law, reasonable attorneys fees and legal expenses incurred by the secured
party;

(2) The satisfaction of obligations secured by the
security interest or agricultural lien under which the collection or
enforcement is made; and

(3) The satisfaction of obligations secured by any
subordinate security interest in or other lien on the collateral subject to the
security interest or agricultural lien under which the collection or
enforcement is made if the secured party receives an authenticated demand for
proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a
subordinate security interest or other lien shall furnish reasonable proof of
the interest or lien within a reasonable time. Unless the holder complies, the
secured party need not comply with the holders demand under subparagraph (3)
of paragraph (a).

(c) A secured party need not apply or pay over for
application noncash proceeds of collection and enforcement under [this
section]NRS
104.9607 unless the failure to do so would be commercially
unreasonable. A secured party that applies or pays over for application noncash
proceeds shall do so in a commercially reasonable manner.

(d) A secured party shall account to and pay a debtor for
any surplus, and the obligor is liable for any deficiency.

2. If the underlying transaction is a sale of accounts,
chattel paper, payment intangibles or promissory notes, the debtor is not
entitled to any surplus, and the obligor is not liable for any deficiency.

Sec. 24. NRS 104.9613 is hereby amended to read as
follows:

104.9613 Except in a consumer-goods transaction, the
following rules apply:

1. The contents of a notification of disposition are
sufficient if the notification:

(a) Describes the debtor and the secured party;

(b) Describes the collateral that is the subject of the
intended disposition;

(c) States the method of intended disposition;

(d) States that the debtor is entitled to an accounting
of the unpaid indebtedness and states the charge, if any, for an accounting;
and

(e) States the time and place of a public [sale]disposition or the
time after which any other disposition is to be made.

2. Whether the contents of a notification that lacks any
of the information specified in subsection 1 are nevertheless sufficient is a
question of fact.

3. The contents of a notification providing
substantially the information specified in subsection 1 are sufficient, even if
the notification includes:

(a) Information not specified by that subsection; or

(b) Minor errors that are not seriously misleading.

4. A particular phrasing of the notification is not
required.

5. The following form of notification and the form
appearing in subsection 3 of NRS 104.9614, when completed, each provides
sufficient information:

NOTIFICATION OF
DISPOSITION OF COLLATERAL

To:[Name
of debtor, obligor, or other person to which the notification is sent]

From:[Name,
address, and telephone number of secured party]

Name
of Debtor(s): [Include only if
debtor(s) are not an addressee]

[For a public disposition:]

We will sell [or lease or license, as applicable]
the [describe collateral] [to the highest qualified bidder] in
public as follows:

Day and Date: .......................................

Time: .......................................................

Place: .......................................................

[For a private disposition:]

We will sell [or lease or license, as applicable]
the [describe collateral] privately sometime after [day and
date].

You are entitled to an accounting of the unpaid indebtedness
secured by the property that we intend to sell [or lease or license, as
applicable] [for a charge of $___]. You may request an accounting by
calling us at [telephone number].

Sec. 25. NRS 104.9615 is hereby amended to read as
follows:

104.9615 1. A secured party shall apply or pay over for
application the cash proceeds of disposition under NRS 104.9610 in the following order to:

(a) The reasonable expenses of retaking, holding,
preparing for disposition, processing and disposing, and, to the extent
provided for by agreement and not prohibited by law, reasonable attorneys fees
and legal expenses incurred by the secured party;

(b) The satisfaction of obligations secured by the
security interest or agricultural lien under which the disposition is made;

(c) The satisfaction of obligations secured by any
subordinate security interest in or other subordinate lien on the collateral
if:

(1) The secured party receives from the holder of
the subordinate security interest or other lien an authenticated demand for
proceeds before distribution of the proceeds is completed; and

(2) In a case in which a consignor has an interest
in the collateral, the subordinate security interest or other lien is senior to
the interest of the consignor; and

(d) A secured party that is a consignor of the collateral
if the secured party receives from the consignor an authenticated demand for
proceeds before distribution of the proceeds is completed.

2. If requested by a secured party, a holder of a
subordinate security interest or other lien shall furnish reasonable proof of
the interest or lien within a reasonable time. Unless the holder does so, the
secured party need not comply with the holders demand under paragraph (c) of
subsection 1.

3. A secured party need not apply or pay over for
application noncash proceeds of disposition under [this section]NRS 104.9610 unless
the failure to do so would be commercially unreasonable. A secured party that
applies or pays over for application noncash proceeds shall do so in a
commercially reasonable manner.

4. If the security interest under which a disposition is
made secures payment or performance of an obligation, after making the payments
and applications required by subsection 1 and permitted by subsection 3:

(a) Unless paragraph (d) of subsection 1 requires the
secured party to apply or pay over cash proceeds to a consignor, the secured
party shall account to and pay a debtor for any surplus; and

(b) The obligor is liable for any deficiency.

5. If the underlying transaction is a sale of accounts,
chattel paper, payment intangibles or promissory notes:

(a) The debtor is not entitled to any surplus; and

(b) The obligor is not liable for any deficiency.

6. The surplus or deficiency following a disposition is
calculated based on the amount of proceeds that would have been realized in a
disposition complying with this part to a transferee other than the secured
party, a person related to the secured party or a secondary obligor if:

(a) The transferee in the disposition is the secured
party, a person related to the secured party or a secondary obligor; and

(b) The amount of proceeds of the disposition is
significantly below the range of proceeds that a complying disposition to a
person other than the secured party, a person related to the secured party or a
secondary obligor would have brought.

7. A secured party that receives cash proceeds of a
disposition in good faith and without knowledge that the receipt violates the
rights of the holder of a security interest or other lien that is not
subordinate to the security interest or agricultural lien under which the
disposition is made:

(a) Takes the cash proceeds free of the security interest
or other lien;

(b) Is not obligated to apply the proceeds of the
disposition to the satisfaction of obligations secured by the security interest
or other lien; and

(c) Is not obligated to account to or pay the holder of
the security interest or other lien for any surplus.

Sec. 26. NRS 104.9625 is hereby amended to read as
follows:

104.9625 1. If it is established that a secured party
is not proceeding in accordance with this article, a court may order or
restrain collection, enforcement or disposition of collateral on appropriate
terms and conditions.

2. Subject to subsections 3, 4 and 6, a person is liable
for damages in the amount of any loss caused by a failure to comply with this
article. Loss caused by a failure to comply [with a request under NRS
104.9210] may include loss resulting
from the debtors inability to obtain, or increased costs of, alternative
financing.

include loss resulting from the debtors inability to obtain,
or increased costs of, alternative financing.

3. Except as otherwise provided in NRS 104.9628:

(a) A person that, at the time of the failure, was a
debtor, was an obligor or held a security interest in or other lien on the
collateral may recover damages under subsection 2 for its loss; and

(b) If the collateral is consumer goods, a person that
was a debtor or a secondary obligor at the time a secured party failed to
comply with this part may recover for that failure in any event an amount not
less than the credit service charge plus 10 percent of the principal amount of
the obligation or the time-price differential plus 10 percent of the cash
price.

4. A debtor whose deficiency is eliminated under NRS
104.9626 may recover damages for the loss of any surplus. However, a debtor or
secondary obligor whose deficiency is eliminated or reduced under that section
may not otherwise recover under subsection 2 for noncompliance with the
provisions of this part relating to collection, enforcement, disposition or
acceptance.

5. In addition to any damages recoverable under
subsection 2, the debtor, consumer obligor or person named as a debtor in a
filed record, as applicable, may recover $500 in each case from a person that:

(a) Fails to comply with NRS 104.9208;

(b) Fails to comply with NRS 104.9209;

(c) Files a record that he is not entitled to file under
subsection 1 of NRS 104.9509;

(d) Fails to cause the secured party of record to file or
send a termination statement as required by subsection 1 or 3 of NRS 104.9513;

(e) Fails to comply with paragraph (a) of subsection 2 of
NRS 104.9616 and whose failure is part of a pattern, or consistent with a
practice, of noncompliance; or

(f) Fails to comply with paragraph (b) of subsection 2 of
NRS 104.9616.

6. A debtor or consumer obligor may recover damages
under subsection 2 and, in addition, $500 in each case from a person that, without
reasonable cause, fails to comply with a request under NRS 104.9210. A
recipient of a request under that section which never claimed an interest in
the collateral or obligations that are the subject of a request under that
section has a reasonable excuse for failure to comply with the request within
the meaning of this subsection.

7. If a secured party fails to comply with a request
regarding a list of collateral or a statement of account under NRS 104.9210,
the secured party may claim a security interest only as shown in the list or statement included
in the request as against a person that is reasonably misled by the failure.

Sec. 27. NRS 104.9705 is hereby amended to read as
follows:

104.9705 1. If action, other than the filing of a
financing statement, is taken before July 1, 2001, and the action would have
resulted in priority of a security interest over the rights of a person that
becomes a lien creditor had the security interest become enforceable before
that date, the action is effective to perfect a security interest that attaches
under this article as amended within 1 year after that date. An attached
security interest becomes unperfected 1 year after July 1, 2001, unless the
security interest becomes a perfected security interest under this article as
amended before the expiration of that period.

2. The filing of a financing statement before July 1,
2001, is effective to perfect a security interest to the extent the filing
would satisfy the applicable requirements for perfection under this article as
amended.

3. This article as amended does not render ineffective
an effective financing statement that was filed before July 1, 2001, and
satisfied the applicable requirements for perfection under the law of the
jurisdiction governing perfection as provided in NRS 104.9103 as that section
read at the time of filing. However, except as otherwise provided in
subsections 4 and 5 and NRS 104.9706, the financing statement ceases to be
effective at the earlier of:

(a) The time the financing statement would have ceased to
be effective under the law of the jurisdiction in which it is filed; or

(b) June 30, 2006.

4. The filing of a continuation statement on or after
July 1, 2001, does not continue the effectiveness of the financing statement
filed before that date. However, upon the timely filing of a continuation
statement after that date and in accordance with the law of the jurisdiction
governing perfection as provided in part 3, the effectiveness of a financing
statement filed in the same office in that jurisdiction before that date
continues for the period provided by the law of that jurisdiction.

5. Paragraph (b) of subsection 3 applies to a financing
statement that was filed against a transmitting utility before July 1, 2001,
and satisfied the applicable requirements for perfection under the law of the
jurisdiction governing perfection as provided in NRS 104.9103 as that section
read at the time of filing only to the extent that part 3 provides that the law
of a jurisdiction other than the
jurisdiction in which the financing statement is filed governs perfection of a
security interest in collateral covered by the financing statement.

6. A financing statement that includes a financing
statement filed before July 1, 2001, and a continuation statement filed after
that date are effective only to the extent that the financing statement
satisfies the requirements of part 5 for an initial financing statement.

Sec. 28. This act becomes effective at 12:01 a.m. on
July 1, 2001.

________

κ2001
Statutes of Nevada, Page 737κ

CHAPTER 141, AB 657

Assembly Bill No.
657Committee on Taxation

CHAPTER 141

AN ACT relating to taxes on retail sales; providing for
the submission to the voters of the question whether the Sales and Use Tax Act
of 1955 should be amended to provide an exemption from the tax for engines,
chassis and certain parts and components of professional racing vehicles and
for motor vehicles used by professional racing teams or sanctioning bodies to
transport certain items; providing the same exemption from the Local School
Support Tax Law and certain analogous taxes; and providing other matters
properly relating thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. At the general election on November 5,
2002, a proposal must be submitted to the registered voters of this state to
amend the Sales and Use Tax Act, which was enacted by the 47th session of the
legislature of the State of Nevada and approved by the governor in 1955, and
subsequently approved by the people of this state at the general election held
on November 6, 1956.

Sec. 2. At the time and in the manner provided by law,
the secretary of state shall transmit the proposed act to the several county
clerks, and the county clerks shall cause it to be published and posted as
provided by law.

Sec. 3. The proclamation and notice to the voters
given by the county clerks pursuant to law must be in substantially the
following form:

Notice is hereby given that at the general
election on November 5, 2002, a question will appear on the ballot for the
adoption or rejection by the registered voters of the state of the following
proposed act:

AN ACT to amend an act entitled An Act to provide
revenue for the State of Nevada; providing for sales and use taxes; providing
for the manner of collection; defining certain terms; providing penalties for
violation, and other matters properly relating thereto. approved March 29,
1955, as amended.

THE PEOPLE OF THE STATE OF
NEVADA

DO ENACT AS FOLLOWS:

Section 1. The above-entitled act, being
chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding
thereto a new section to be designated as section 61.6, immediately following
section 61.5, to read as follows:

Sec.
61.6. 1. There are exempted from the taxes imposed by this act the gross
receipts from the sale, furnishing or service of, and the storage, use or other
consumption in this state of:

(a) All
engines and chassis of a professional racing vehicle;

(b) All parts
and components that are used to replace or rebuild existing parts or components
of any engine or chassis of a professional racing vehicle;

(c) All motor
vehicles used by professional racing teams to transport professional racing
vehicles or to transport parts or components of professional racing vehicles, including,
without limitation, an engine and chassis of a professional racing vehicle; and

components of
professional racing vehicles, including, without limitation, an engine and
chassis of a professional racing vehicle; and

(d) All motor
vehicles used by a professional racing team or sanctioning body to transport
the business office of the professional racing team or sanctioning body or to
transport a facility from which hospitality services are provided.

2. As used in
this section:

(a) Professional
racing team means a racing operation that qualifies for the taxable year as an
activity engaged in for profit pursuant to the Internal Revenue Code, Title 26
of the United States Code.

(b) Professional
racing vehicle means any motor vehicle which is used in a professional racing
competition and which is owned, leased or operated by a professional racing
team.

(c) Sanctioning
body means an organization that establishes an annual schedule of professional
racing events in which professional racing teams participate, grants rights to
conduct such events and establishes and administers rules and regulations
governing the persons who conduct or participate in such events.

Sec. 2.
This act becomes effective on January 1, 2003.

Sec. 4. The ballot page assemblies and the paper
ballots to be used in voting on the question must present the question in substantially
the following form:

Shall the Sales and Use Tax Act of 1955 be amended
to provide an exemption from the taxes imposed by this act on engines and
chassis, including replacement parts and components for the engines and
chassis, of professional racing vehicles that are owned, leased or operated by
professional racing teams?

Yes ¨ No ¨

Sec. 5. The explanation of the question which must
appear on each paper ballot and sample ballot and in every publication and
posting of notice of the question must be in substantially the following form:

(Explanation of Question)

The proposed amendment to the Sales and Use Tax
Act of 1955 would exempt from the taxes imposed by this act the sale of, and
the storage, use or other consumption in this state of, engines and chassis,
including replacement parts and components for the engines and chassis, of
professional racing vehicles that are owned, leased or operated by professional
racing teams. The legislature has amended the Local School Support Tax Law and
certain analogous taxes on retail sales to provide the same exemption.

Sec. 6. If a majority of the votes cast on the
question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes
effective on January 1, 2003. If less than a majority of votes cast on the
question is yes, the question fails and the amendment to the Sales and Use Tax
Act of 1955 does not become effective.

Sec. 7. All general election laws not inconsistent
with this act are applicable.

Sec. 8. Any informalities, omissions or defects in the
content or making of the publications, proclamations or notices provided for in
this act and by the general election laws under which this election is held
must be so construed as not to invalidate the adoption of the act by a majority
of the registered voters voting on the question if it can be ascertained with
reasonable certainty from the official returns transmitted to the office of the
secretary of state whether the proposed amendment was adopted by a majority of
those registered voters.

Sec. 9. Chapter 374 of NRS is hereby amended by adding
thereto a new section to read as follows:

1. There are
exempted from the taxes imposed by this act the gross receipts from the sale,
furnishing or service of, and the storage, use or other consumption in this
state of:

(a) All engines and
chassis of a professional racing vehicle;

(b) All parts and
components that are used to replace or rebuild existing parts or components of
any engine or chassis of a professional racing vehicle;

(c) All motor vehicles used by professional racing teams
to transport professional racing vehicles or to transport parts or components
of professional racing vehicles, including, without limitation, an engine and
chassis of a professional racing vehicle; and

(d) All motor
vehicles used by a professional racing team or sanctioning body to transport
the business office of the professional racing team or sanctioning body or to
transport a facility from which hospitality services are provided.

2. As used in this
section:

(a) Professional
racing team means a racing operation that qualifies for the taxable year as an
activity engaged in for profit pursuant to the Internal Revenue Code, Title 26
of the United States Code.

(b) Professional
racing motor vehicle means any motor vehicle which is used in a professional
racing competition and which is owned, leased or operated by a professional
racing team.

(c) Sanctioning
body means an organization that establishes an annual schedule of professional
racing events in which professional racing teams participate, grants rights to
conduct such events and establishes and administers rules and regulations
governing the persons who conduct or participate in such events.

Sec. 10. 1.
This section and sections 1 to 8, inclusive, of this act, become effective upon
passage and approval.

2. Section 9 of this act becomes effective upon passage and
approval for the purpose of adopting any regulations necessary to carry out the
provisions of section 9 of this act and on October 1, 2001, for all other
purposes.

________

κ2001
Statutes of Nevada, Page 740κ

CHAPTER 142, SB 521

Senate
Bill No. 521Committee on Transportation

CHAPTER 142

AN ACT relating to motor vehicles; making optional the
use of a siren by an emergency vehicle; specifically authorizing an emergency
vehicle to operate warning lamps without sounding the siren; providing that a
driver of an emergency vehicle who operates the vehicles warning lamps without
sounding the siren shall be deemed to have adequately warned pedestrians and
other drivers of his approach; and providing other matters properly relating
thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.261 is hereby amended to
read as follows:

484.261 1. The driver of an authorized emergency
vehicle or an official vehicle of a regulatory agency, when responding to an
emergency call or when in pursuit of an actual or suspected violator of the law
or when responding to but not upon returning from a fire alarm, or a vehicle
escorting a funeral procession, may:

(a) Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for safe operation.

(b) Exceed any speed limits so long as he does not
endanger life or property, except that a vehicle escorting a funeral procession
may not exceed the speed limit by more than 15 miles per hour to overtake the
procession and direct traffic at the next intersection.

(c) Disregard regulations governing direction of movement
or turning in specified directions. The driver of a vehicle escorting a funeral
procession may direct the movements of the vehicles in the procession in a similar manner and may
direct the movements of other vehicles.

2. The privileges granted in subsection 1 apply only
when the vehicle is making use of [audible]:

(a) Audible and
visual signals ; or

(b) Visual
signals only,

as required by law.

3. The driver of an authorized emergency vehicle or an
official vehicle of a regulatory agency may park or stand without regard to the
provisions of this chapter if he makes use of a warning lamp.

4. The provisions of this section do not relieve the
driver from the duty to drive with due regard for the safety of all persons and
do not protect the driver from the consequences of his reckless disregard for
the safety of others.

Sec. 2. NRS 484.607 is hereby amended to read as
follows:

484.607 1. Every motor vehicle when operated upon a
highway must be equipped with a horn in good working order and capable of
emitting sound audible under normal conditions from a distance of not less than
200 feet, but the horn or other warning device must not emit an unreasonably
loud or harsh sound or a whistle.

2. A person driving a motor vehicle shall, when
reasonably necessary to ensure safe operation, give audible warning with his
horn, but shall not otherwise use the horn when upon a highway.

3. A vehicle must not be equipped with, and a person
shall not use upon a vehicle, a siren, whistle or bell, except as otherwise
provided in this chapter.

4. It is permissible, but not required, to equip a
vehicle with a theft alarm which is arranged so that it cannot be used by the
driver as an ordinary warning signal.

5. An authorized emergency vehicle may be equipped with
a siren, whistle or bell, capable of emitting sound audible under normal
conditions from a distance of not less than 500 feet, but the siren must not be
used except when the vehicle is operated in response to an emergency call or in
the immediate pursuit of an actual or suspected violator of the law, in which
event the driver of the vehicle [shall]may sound the siren [when necessary]
to warn pedestrians and other drivers of his approach. A driver of an emergency vehicle may operate the vehicles
warning lamps without sounding the siren.

6. A driver
of an emergency vehicle who operates the vehicles warning lamps without
sounding the siren shall be deemed to have adequately warned pedestrians and
other drivers of his approach for the purpose of determining whether the driver
met the duty to drive with due regard for the safety of all persons pursuant to
NRS 484.261.

________

CHAPTER 143, AB 6

Assembly
Bill No. 6Assemblyman Hettrick

CHAPTER 143

AN ACT relating to vehicles; requiring the department of
motor vehicles and public safety to adopt regulations governing the driving of
certain combinations of vehicles by persons who hold certain noncommercial
drivers licenses; temporarily authorizing the driving of such combinations of
vehicles by such persons; and providing other matters properly relating
thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 483 of NRS is hereby amended
by adding thereto a new section to read as follows:

The department
shall adopt regulations authorizing the holder of a class A noncommercial
drivers license to drive any combination of vehicles not exceeding 70 feet in
length with a gross combination weight rating of 26,000 pounds or less so long
as the gross combination weight rating of the towed vehicles does not exceed
the gross vehicle weight rating of the towing vehicle.

Sec. 2. NRS 483.010 is hereby amended to read as
follows:

483.010 The
provisions of NRS 483.010 to 483.630, inclusive, and section 1 of this act, may
be cited as the Uniform Motor Vehicle Drivers License Act.

Sec. 3. NRS 483.015 is hereby amended to read as
follows:

483.015 Except as otherwise provided in NRS 483.330, the
provisions of NRS 483.010 to 483.630, inclusive, and section 1 of this act apply only with
respect to noncommercial drivers licenses.

Sec. 4. 1. The department shall adopt the
regulations, required by section 1 of this act on or before July 1, 2002.

2. Before the effective date of the regulations, the holder
of a class A noncommercial drivers license may drive any combination of
vehicles not exceeding 70 feet in length with a gross combination weight rating
of 26,000 pounds or less so long as the gross combination weight rating of the
towed vehicles does not exceed the gross vehicle weight rating of the towing
vehicle.

Sec. 5. This act becomes effective upon passage and
approval.

________

CHAPTER 144, AB 63

Assembly
Bill No. 63Assemblyman Perkins

CHAPTER 144

AN ACT relating to real property; revising the
provisions governing the maintenance of certain improvements in subdivisions
and planned unit developments; and providing other matters properly relating
thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
278.160 is hereby amended to read as follows:

278.160 1. The master plan, with the accompanying
charts, drawings, diagrams, schedules and reports, may include such of the
following subject matter or portions thereof as are appropriate to the city,
county or region, and as may be made the basis for the physical development
thereof:

(a) Community design. Standards and principles governing
the subdivision of land and suggestive patterns for community design and
development.

(b) Conservation plan. For the conservation, development
and utilization of natural resources, including , without limitation, water and its hydraulic
force, underground water, water supply, forests, soils, rivers and other
waters, harbors, fisheries, wildlife, minerals and other natural resources. The
plan must also cover the reclamation of land and waters, flood control,
prevention and control of the pollution of streams and other waters, regulation
of the use of land in stream channels and other areas required for the
accomplishment of the conservation plan, prevention, control and correction of
the erosion of soils through proper clearing, grading and landscaping, beaches
and shores, and protection of watersheds. The plan must also indicate the
maximum tolerable level of air pollution.

(c) Economic plan. Showing recommended schedules for the
allocation and expenditure of public money in order to provide for the
economical and timely execution of the various components of the plan.

(d) Historical properties preservation plan. An inventory
of significant historical, archaeological and architectural properties as
defined by a city, county or region, and a statement of methods to encourage
the preservation of those properties.

(e) Housing plan. The housing plan must include [,
but is not limited to:], without limitation:

(1) An inventory of housing conditions, needs and
plans and procedures for improving housing standards and for providing adequate
housing.

(2) An inventory of affordable housing in the
community.

(3) An analysis of the demographic characteristics
of the community.

(4) A determination of the present and prospective
need for affordable housing in the community.

(5) An analysis of any impediments to the
development of affordable housing and the development of policies to mitigate
those impediments.

(6) An analysis of the characteristics of the land
that is the most appropriate for the construction of affordable housing.

(7) An analysis of the needs and appropriate methods
for the construction of affordable housing or the conversion or rehabilitation
of existing housing to affordable housing.

(8) A plan for maintaining and developing affordable
housing to meet the housing needs of the community.

(f) Land use plan. An inventory and classification of
types of natural land and of existing land cover and uses, and comprehensive
plans for the most desirable utilization of land. The land use plan may include
a provision concerning the acquisition and use of land that is under federal
management within the city, county or region, including, without limitation, a
plan or statement of policy prepared pursuant to NRS 321.7355.

(g) Population plan. An estimate of the total population
which the natural resources of the city, county or region will support on a
continuing basis without unreasonable impairment.

(h) Public buildings. Showing locations and arrangement
of civic centers and all other public buildings, including the architecture
thereof and the landscape treatment of the grounds thereof.

(i) Public services and facilities. Showing general plans
for sewage, drainage and utilities, and rights of way, easements and facilities
therefor, including , without
limitation, any utility projects required to be reported pursuant
to NRS 278.145.

(k) Rural neighborhoods preservation plan. In any county
whose population is 400,000 or more, showing general plans to preserve the
character and density of rural neighborhoods.

(l) Safety plan. In any county whose population is
400,000 or more, identifying potential types of natural and man-made hazards,
including , without limitation, hazards
from floods, landslides or fires, or resulting from the manufacture, storage,
transfer or use of bulk quantities of hazardous materials. The plan may set
forth policies for avoiding or minimizing the risks from those hazards.

(m) School facilities plan. Showing the general locations
of current and future school facilities based upon information furnished by the
appropriate local school district.

(n) Seismic safety plan. Consisting of an identification
and appraisal of seismic hazards such as susceptibility to surface ruptures
from faulting, to ground shaking or to ground failures.

(p) Streets and highways plan. Showing the general
locations and widths of a comprehensive system of major traffic thoroughfares
and other traffic ways and of streets and the recommended treatment thereof,
building line setbacks, and a system of naming or numbering streets and
numbering houses, with recommendations concerning proposed changes.

(r) Transportation plan. Showing a comprehensive
transportation system, including ,
without limitation, locations of rights of way, terminals,
viaducts and grade separations. The plan may also include port, harbor,
aviation and related facilities.

2. The commission may prepare and adopt, as part of the
master plan, other and additional plans and reports dealing with such other
subjects as may in its judgment relate to the physical development of the city,
county or region, and nothing contained in NRS 278.010 to 278.630, inclusive,
prohibits the preparation and adoption of any such subject as a part of the
master plan.

(b) On a
median strip on the perimeter of a development or subdivision.

2. The term
includes drainage necessary for the maintenance [thereof.]of the landscaping described in subsection 1.

Sec. 3. NRS 278.4787 is hereby amended to read as
follows:

278.4787 1. [A]Except as otherwise provided in
subsection 5, a person who proposes to divide land for transfer
or development into four or more lots pursuant to NRS 278.360 to 278.460,
inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation
of an association for a common-interest community, request the governing body
of the jurisdiction in which the land is located to assume the maintenance of
one or more of the following improvements located on the land:

(a) Landscaping;

(b) Public lighting; [and]

(c) Security walls [.

2. A request
made]; and

(d) Trails,
parks and open space which provide a substantial public benefit or which are
required by the governing body for the primary use of the public.

2. A
governing body shall establish by ordinance a procedure pursuant to which a
request may be submitted pursuant to subsection 1 [must
be made] in the form of a petition , which must be signed by a majority of the
owners whose property will be assessed [pursuant to subsection 3]
and which must set
forth descriptions of all tracts of land or residential units that would be subject to
such an assessment.

3. [Upon receipt of the petition,]The governing body may by ordinance
designate a person to approve or disapprove a petition submitted pursuant to
this section. If the governing body adopts such an ordinance, the ordinance
must provide, without limitation:

(a) Procedures
pursuant to which the petition must be reviewed to determine whether it would
be desirable for the governing body to assume the maintenance of the proposed
improvements.

(b) Procedures
for the establishment of a maintenance district or unit of assessment.

(c) A method
for:

(1) Determining
the relative proportions in which the assumption of the maintenance of the
proposed improvements by the governing body will:

(I)
Benefit the development or subdivision in which the improvements are located;
and

(II)
Benefit the public;

(2) Assessing
the tracts of land or residential units in the development or subdivision to
pay the costs that will be incurred by the governing body in assuming the
maintenance of the proposed improvements, in the proportion that such
maintenance will benefit the development or subdivision in which the
improvements are located; and

(3) Allocating
an amount of public money to pay the costs that will be incurred by the
governing body in assuming the maintenance of the proposed improvements, in the
proportion that such maintenance will benefit the public.

(d) Procedures
for a petitioner or other aggrieved person to appeal to the governing body a
decision of the person designated by the governing body by ordinance adopted
pursuant to this subsection to approve or disapprove a petition.

4. If the
governing body does not designate by an ordinance adopted pursuant to
subsection 3 a person to approve or disapprove a petition, the
governing body shall , after
receipt of a complete petition submitted at least 120 days before the approval
of the final map for the land, hold a public hearing at least 90 days before
the approval of the final map for the land, unless otherwise waived by the
governing body, to determine the desirability of assuming the
maintenance of the proposed improvements. If the governing body determines that it would be
undesirable for the governing body to assume the maintenance of the proposed
improvements, the governing body shall specify for the record its reasons for
that determination. If the governing body determines that it
would be desirable for the
governing body to assume the maintenance of the proposed improvements, the
governing body shall by ordinance:

(a) Determine
the relative proportions in which the assumption of the maintenance of the proposed
improvements by the governing body will:

(1) Benefit
the development or subdivision in which the improvements are located; and

(2) Benefit
the public.

(b) Create
a maintenance district or unit of assessment consisting of the tracts of land or residential units set
forth in the petition [.

(b)]or include the tracts of land or
residential units set forth in the petition in an existing maintenance district
or unit of assessment.

(c) Establish
the method or, if the tracts or
units are included within an existing maintenance district or unit of
assessment, apply an existing method for determining [the]:

(1) The
amount of an assessment [for the cost of the
maintenance assumed]to pay the costs that will be incurred by the
governing body [and the]in assuming the maintenance of the proposed improvements.
The amount of the assessment must be
determined in accordance with the proportion to which such maintenance will
benefit the development or subdivision in which the improvements are located.

amount of the
assessment must be determined in accordance with the proportion to which such
maintenance will benefit the development or subdivision in which the
improvements are located.

(2) The
time and manner of payment of the assessment.

[(c)](d) Provide that the assessment constitutes a
lien upon the tracts of land or residential units [thereon.]within the maintenance district or
unit of assessment. The lien must be executed, and has the same
priority, as a lien for property taxes.

[(d)](e) Prescribe the levels of maintenance to be
provided.

[(e) Determine the amount by which the public interest will
benefit from the provision of the maintenance and allocate]

(f) Allocate
to the cost of providing the maintenance the appropriate amount
of public money to pay for that part of the maintenance which creates the
public benefit.

[(f)](g) Address any other matters that the
governing body determines to be relevant to the maintenance of the improvements
[.

4.], including, without limitation,
matters relating to the ownership of the improvements and the land on which the
improvements are located and any exposure to liability associated with the
maintenance of the improvements.

5. If the
governing body requires an owner of land to dedicate a tract of land as a trail
identified in the recreation plan of the governing body adopted pursuant to
paragraph (j) of subsection 1 of NRS 278.160, the governing body shall:

(a) Accept
ownership of the tract; and

(b) Assume
the maintenance of the tract and any other improvement located on the land that
is authorized in subsection 1.

6. The
governing body shall record, in the office of the county recorder for the
county in which the tracts of land or residential units included in a petition
approved pursuant to this section are located, a notice of the creation of the
maintenance district or unit of assessment that is sufficient to advise the
owners of the tracts of land or residential units that the tracts of land or
residential units are subject to the assessment. The costs of recording the
notice must be paid by the petitioner.

7. The
provisions of this section apply retroactively to a development or subdivision with
respect to which:

(a) An agreement or agreements between the owners of
tracts of land within the development or subdivision and the developer allow for the
provision of services in the manner set forth in this section; or

(b) [All of the]The owners of affected tracts of land or residential units agree
[in writing to be bound by the provisions of]to dissolve the association for
their common-interest community in accordance with the governing documents of
the common-interest community upon approval by the governing body of a petition
filed by the owners pursuant to this section.

Sec. 4. Notwithstanding the amendatory provisions of
subsection 2 of NRS 278.4787, a governing body shall adopt the ordinance
required pursuant to that subsection on or before October 1, 2001.

Sec. 5. This act becomes effective upon passage and
approval.

________

κ2001
Statutes of Nevada, Page 747κ

CHAPTER 145, AB 83

Assembly
Bill No. 83Committee on Transportation

CHAPTER 145

AN ACT relating to vehicles; providing for the issuance
under certain circumstances of a permit authorizing the operation or movement
of certain heavier vehicles used to provide public mass transportation; and
providing other matters properly relating thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.7485 is hereby amended to
read as follows:

484.7485 1. [A]Except as otherwise provided in
subsection 2, a vehicle that is used by a regional transportation
commission or its contractor to provide public mass transportation may be
operated or moved upon a public highway, other than a highway within the
designated interstate system, if the maximum weight does not exceed, on a
single axle with:

(a) Single tires, 20,000 pounds; or

(b) Dual tires, 25,000 pounds.

2. A vehicle with a maximum weight on a
single axle with single tires of more than 20,000 pounds but not more than 29,000
pounds that is used by a regional transportation commission or its contractor
to provide public mass transportation as part of a demonstration project may be
operated or moved upon a public highway, other than a highway within the
designated interstate system, if the tires are not less than 20 inches in width
and the department of
transportation, after conducting an evaluation
of the vehicle:

(a) Determines that such operation or movement of the
vehicle is in the best interest of the department; and

(b) In its discretion, issues a permit authorizing such
operation or movement of the vehicle.

3. As
used in this section:

(a) Contractor means any person or governmental entity
that has entered into a contract with a regional transportation commission to
provide services related to the provision of public mass transportation, but
only during the period in which the contract remains legally effective.

(b) Regional transportation commission means any
regional transportation commission created and organized in accordance with
chapter 373 of NRS, and which provides or sponsors public mass transportation
services.

________

κ2001
Statutes of Nevada, Page 748κ

CHAPTER 146, AB 93

Assembly
Bill No. 93Committee on Government Affairs

CHAPTER 146

AN ACT relating to the City of North Las Vegas;
authorizing the city council to enter into a contract with one or more
attorneys employed by or associated with certain professional corporations,
partnerships or limited-liability companies to perform all or a portion of the
duties of the city attorney; and providing other matters properly relating
thereto.

[Approved: May 24, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Section 3.050 of the charter of the
City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended
by chapter 159, Statutes of Nevada 1999, at page 838, is hereby amended to
read as follows:

1. Except as otherwise provided in subsection 6, the city
council shall appoint a city attorney and fix his salary.

2. The city attorney and any attorney with whom the city
council enters into a contract pursuant to subsection 6 must be a
[duly] licensed member of the State Bar
of Nevada.

3. The city attorney is the
chief legal officer of the city and shall perform such duties as may be designated
by the city council or prescribed by ordinance.

4. The city attorney is
under the general direction and supervision of the city council.

5. The city attorney serves
at the pleasure of the city council and may be removed by an affirmative vote
of a majority of the entire membership of the city council at any time.

6. In lieu of or in addition to appointing a city
attorney pursuant to subsection 1, the city council may enter into a contract
with one or more attorneys employed by or associated with a professional
corporation, partnership or limited-liability company that engages in the
practice of law in this state to perform all or a portion of the duties of the
city attorney. If the city council enters into such a contract, the city
council shall ensure that the contract specifies the duties to be performed and
the compensation payable for the performance of those duties.

7. An attorney with whom the city council enters into a
contract to perform all or a portion of the duties of the city attorney
pursuant to subsection 6 has, for each of the duties specified in the contract,
all the powers and duties otherwise conferred upon a city attorney who is
appointed pursuant to subsection 1.